Parental Rights And Responsibilities Being Given To Those Who Are Not Parents Notes

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Parental Rights And Responsibilities Being Given To Those Who Are Not Parents Revision

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Who has parental responsibility?

1. Mothers • All mothers have parental responsibility • Herring: The rule that all mother's automatically have parental responsibility can be explained by the fact they've gone through the birth process and pregnancy o Her demonstration to the child through pregnancy and acceptance of caring for the child after birth,  Means that it's in the child's best interests for her to have parental responsibility

2. Genetic (or those relying on a presumption of genetic parenthood) Fathers if.... • CA 1989 s.2: He is married to the mother • CA 1989 s.4: He is registered as the father of the child on the birth certificate o Or he enters into a parental responsibility agreement with the mother • CA 1989 s.4: He obtains a parental responsibility order from the court • CA 1989 s.12(2): He has been granted a residence order • CA 1989 s.5(6): He has been appointed to be Guardian • He has adopted the child

3. Non Parents (but they don't necessarily get all the rights or responsibilities that flow from being a legal parent) • CA s.5(6) Guardians o Who can be appointed by a parent  Where a residence order is made in favour of one parent, and that parents dies having appointed G • G will have his guardianship take effect on the death of the parent with the residence order - o even if another parent is still alive and has parental responsibility  Where there is no residence order, and a parent dies after appointing a guardian • Then the guardianship does not come in to effect until the other parent with parental responsibility dies o OR s.5(2) by the court  If there is no other parent with parental responsibility, then the court can appoint a guardian • Even if other guardians have already been appointed (but they are either unwilling or unsuitable to carry out the role)  However, the exception is that the courts can appoint even if there is an extant person with parental responsibility if the dead parent carried a residence order. o In deciding to appoint, the best interests of the child is the paramount consideration  Although there is no need to do the checklist of s.1(3) here. • Someone who obtains a residence order in favour of the child o Non-parents can't apply for parental responsibility separately - but they do get it if they're conferred with a residence order  Herring: Arguably that they should have wider powers than this • Re WB (Residence Order)  Do try and get round this with willingness to grant shared residence orders • Re A (A Child)

4. Local Authorities • LAs acquire parental responsibility if: o They obtain a care order o They obtain an emergency protection
People who do not get parental responsibility automatically, but may have some rights towards a particular child Foster Parents • The foster parent does not get parental responsibility automatically. However, per s.3(5) CA 1989: o (1) A person who  (a) does not have parental responsibility for a particular child;  BUT (b) has care of the child o May (subject to the Provisions of the is Act, do what is reasonable in the circumstances of the case for the purpose of safe-guarding or promoting the child's welfare • But after a year, they can apply for a residence order until the child has been in their care for three years. Relatives • S.105 CA 1989 - Relatives include: o A grandparent, brother, sister, uncle or aunt (whether of the full blood or half blood or by affinity) or step-parent • What legal rights to relatives have? o They also benefit from s.3(5) CA 1989 if the child is in their care o They do not automatically get parental responsibility  BUT If the child has lived with them for a year, or with consent of the parents, relatives can apply for a s.8 residence order w/o need for leave of the court • Even if the child hasn't lived with the relative for the year, they can still apply but need leave of the court  However, a relative is unlikely to be successful unless the parents consent or else are clearly unsuitable for the child • Re D (Care: Natural Parent Presumption) = despite F's drug problem history and his many children with other women, court preferred him to the grandparents for residence. • Re H (Residence: Grandparents) - Gs who had cared for a child for six years were granted a residence order, despite M's objections - there was a very strong relationship between Gs and the child. o They may have a stronger chance with contact, however  Re A: (S.8 order: Grandparent Application) G wanted contact with her young grandchildren after a bitter divorce. • CoA o While there is a presumption in favour of contact with parents, there is no such presumption in favour of grandparents  The relationship between G and child must be close and strong, and likely to benefit the child.  G v Kirkless MBC - Siblings have a strong right to contact, but more distant relatives less so. o What if the child is in care?

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