Module: Family Law and Practice 4FAM04/A
Date: Thursday 31st May 2018
Workshop 9 – Private law children issues for married and unmarried couple/Parental
Responsibility
Outline for today's class:
We will be looking at the perspective of someone other than the natural parents to
consider the terms of outcomes of parental responsibility.
Preparatory task
For this prep task, you are asked to draft a letter and assess the likely chance of
success.
Class exercise:
Compare and contrast your letters with the people on your table.
What is parental responsibility?
Managing a child's upbringing, day to day things like what they have to eat, their
education and medical matters.
Section 3.1 of the Children's Act 1989 provides the statutory definition of parental
responsibility.
Who currently has parental responsibility for Ben? The biological parents, mum
Alexandra and dad Peter.
Mark is the step parent, who is looking to share parental responsibility with
Alexandra and Peter. Under section 4a under the Children's Act 1989, Marks needs
to obtain consent from all those with parental responsibility. If there is consent then a
consent agreement would follow.
1 in 10 of children in England and Wales come from a step-family background.
When granting a parental responsibility order, the following issues are considered:
State of the current relationship
Reason for making the application
Welfare principles
Section 4(a)(1)(b) of the Children's Act 1989
Page 1 of 9
, Mark has been the step-father for 8 years - this is a sign of commitment.
State of the current relationship with the child:
There has been regular contact despite the separation - it seems to be an ongoing
commitment.
Reasons for making the application:
He has helped raise the child for so long, it's a genuine reason for doing it. He has
been involved with Ben for 8 years, and wants to continue to be involved. He wishes
to treat Ben the same way as his own child Gemma.
Page 171A deals with genuine concern for a child and a genuine wish of resuming
the relationship.
Likely outcome: highly likely to be successful if he takes this route (agreement).
Other ways to obtain parental responsibility:
Through adoption
Child arrangement section 8 order
Resident type order - when a child lives with you, the court would make the
order immediately
Overnight stays
When will parental responsibility end?
When Ben reaches 18
By court order
When he marries
Adoption
When will parental responsibility end for biological parents?
When child reaches 18
Death
Adoption
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