Q&As

A child is born to unmarried parents outside the UK. The mother and child then move to England. The mother seeks sole parental responsibility for the child. Will the father’s parental responsibility be determined in accordance with the law in the child’s place of birth or in accordance with law in England and Wales?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 20/02/2019

The following Family Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • A child is born to unmarried parents outside the UK. The mother and child then move to England. The mother seeks sole parental responsibility for the child. Will the father’s parental responsibility be determined in accordance with the law in the child’s place of birth or in accordance with law in England and Wales?

Parental responsibility is defined by section 3 of the Children Act 1989 (ChA 1989) as ‘all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property’. By virtue of ChA 1989, s 2, where the child’s father and mother were married to each other at the time of birth, they each have parental responsibility for the child. ChA 1989, s 4 deals with the acquisition of parental responsibility by the father where the parents were not married. A father can acquire parental responsibility by being named on the child’s birth certificate, by a parental responsibility agreement, or a court order.

The Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-Operation in Respect of Parental Responsibility and Measures for the Protection of Children (the 1996 Convention) provides th

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