Local authority are involved with my child but I do not have Parental Responsibility where do I stand?

Parental Responsibility means all those rights, duties, powers, responsibilities and authority which you as a parent have in relation to your child/children and their property.

Fathers can acquire Parental Responsibility if they are married to the mother at the time of their child’s birth, named on the birth certificate after 1st December 2003, have signed a parental responsibility agreement with the mother or have been granted a parental responsibility order via the court. If both parents are female, then the non-birth mother can only get parental responsibility in the same way that a father can. Sometimes others may have Parental Responsibility because they have an order (A Child Arrangements Order) which says that the child should live with them. In this case, Parental Responsibility will last for the duration of the Child Arrangements Order only.

If the local authority have informed you that are having a pre-proceedings meeting or are going to issue care proceedings, as a parent you will still be entitled to legal aid even if you do not have parental responsibility and you should be notified of the proceedings.  It is important that you seek legal advice and instruct a Solicitor. 

How we can help?

At Smith Partnership, we can help you throughout the Local Authority’s involvement. We have Solicitors across the East Midlands who are experienced in child protection matters, If you would like to discuss this further please contact us on 0330 123 1229.

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