Q&As

Where a father has made an application for parental responsibility in England and Wales, but the child spends an equal amount of time in both Poland and the UK, will the court have jurisdiction to hear the application?

read titleRead full title
Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on: 15 February 2023
imgtext

‘Parental responsibility’ means all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and their property (section 3(1) of the Children Act 1989 (ChA 1989)). If a father is not married or in a civil partnership with the mother of the child at the time of the child’s birth (such marriage or civil partnership automatically giving the father parental responsibility), the father may acquire parental responsibility for the child by being registered as the father on the child’s birth certificate, by entering into a parental responsibility agreement with the mother or by applying to the court for a parental responsibility order.

Under Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters

Katherine Illsley
Katherine Illsley

Katherine’s family practice covers matrimonial finance, TOLATA, Schedule 1, and private law children proceedings. She has experience acting for local authorities, guardians and parents in public law children cases, including in cases involving allegations of non-accidental injuries.

Katherine also is regularly instructed in housing and property work, and due to the frequent crossover with family law has a particular interest in cases involving trusts.

Powered by Lexis+®
Jurisdiction(s):
United Kingdom

Popular documents