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Who has parental responsibility & what is the significance in having it?
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Who has parental responsibility & what is the significance in having it? The Children Act 1989 replaced the traditional approach to parents' 'rights' with a new concept of 'parental responsibility' which is defined in s.3(1) as "all the rights, duties, powers and responsibilities and authority which by law a parent of a child has in relation to the child and his property." As will be seen, despite the statutory definition, parental responsibility remains an elusive concept and it is has proven difficult to ascertain precisely what it entails. Before reflecting on this question, it is necessary to consider who has parental responsibility. Parental responsibility does not necessarily correlate with legal parenthood; as will be seen a legal parent will not necessarily have parental responsibility although this is indeed a common assumption. In fact, non-parents may be ascribed parental responsibility by virtue of a residence order, an emergency protection order or by...
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