Section 2(7) of the Children Act 1989 appears to suggest that a parent with parental responsibility can act alone and need not consult with anyone else. However, the courts have not interpreted the law in that way. They have said that over fundamental important issues there should be consultation. They have not produced a definitive list but they include decisions over education (Re G (Parental Responsibility: Education) (1994); circumcision (Re J (Specific Issue Orders: Child's Religious ringing and Circumcision) (2000)); and changing a child's name (Dawson v. Wearmouth (1999)). The conflict between the wording of the statute and the views of the courts is puzzling.
Who gets parental responsibility?
All mothers get parental responsibility automatically. Not all fathers do. There are some who get parental responsibility automatically. They are:
- all fathers married to the mother of the child;
- all fathers registered on the birth certificate of the child (section 4(1)(a), Children Act 1989).
If the father does not get parental responsibility automatically, he can take steps to acquire it in the following ways:
- he can enter a parental responsibility agreement with the mother (section 4(1 )(h) I he can apply for a parental responsibility order (section 4(1 )(c), Children Act 1989);
- he can apply for a residence order from a court;
- he can apply to adopt the child.