Q&As

Can grandparents enter into a parental responsibility agreement?

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Published on LexisPSL on 14/02/2018

The following Family Q&A provides comprehensive and up to date legal information covering:

  • Can grandparents enter into a parental responsibility agreement?

Parental responsibility is defined as all the rights, duties, powers, responsibility and authority that, by law, a parent has in relation to their child and their child's property (section 3(1) of the Children Act 1989 (ChA 1989)).

Where the child’s parents were married to each other at the time of the child's birth, they each have parental responsibility for the child. Where the parents were not married to each other at the time of the birth, the mother automatically has parental responsibility and the father does not: there is, however provision for the father to acquire it. A mother’s civil partner may also have parental responsibility for a child at birth if certain conditions are met.

There are provisions within ChA 1989 for parental responsibility to be acquired after a child’s birth. This may be as a consequence of a parental responsibility order, a parental agreement or another order that also confers parental responsibility.

Under ChA 1989 the only people that may acquire

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