A more recent version of these Parental Responsibility notes – written by Oxford students – is available here.
The following is a more accessble plain text extract of the PDF sample above, taken from our Family Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Supervision 3 - Parental Responsibility Parental Responsibility
1. Mother a. The mother gets it automatically per provisions in s2 CA 1989
2. Father. a. Married father gets it automatically per s2 CA 1989. b. s4 CA 1989 states man gains PARENTAL RESPONSIBILITY as follows: i. Registration on the Birth Certificate
* A married man is automatically registered by s1(2) BDRA
1953. * An unmarried man can be registered by agreement of mother per s10 BDRA 1953.
* Or reregistration post birth marriage: s2 Legitimacy Act 1976 and s10A BDRA 1953 as re-registration as per the following provisions: ii. Parental Responsibility Agreement with Mother
* This is done under s4(1)(b) CA 1989 and re-registered under s10A BDRA 1953. iii. Court Orders Parental Responsibility.
* The court can order PR under s4(1)(c) CA 1989.
* The court order may be revoked per Re P (Terminating PR). But you can't revoke a married father's parental responsibility so Art 14 issues?
* It is human rights compliant as justifiable differential treatment per McMichael v UK.
* The father must 'earn' his parental responsibility by demonstrating CAR (commitment, attachment, responsibility) per Re H. Exercising Parental Responsibility
1. Medical Treatment a. Per Re R (Consent to Treatment) To "unlock" the door to treatment, the doctor must either have (i) Parental Consent (ii) Child's Consent or (iii) Court Order. Not child's refusal can be trumped as below. b. Parental Consent i. Under s3 CA 1989 the parent has the power to make decisions up to the age of 18 per s1 FLRA 1969. ii. But parental consent may be dispensed with where the child is "Gillick Competent". iii. One parent may consent in opposition of the other per s2(7) CA
1989. c. Child's Consent i. A child aged between 16-18 may CONSENT to treatment per s2 FLRA
1969. But a Court can still overrule their refusal in their inherent 9
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