PARENTAL RESPONSIBILITIES

Parental Responsibilities and Social Work

Parental Responsibilities and Social Work

Introduction

The Children Act 1989 came into force on 14th October 1991, which has radically reformed the family law. It was first put forward for the interests of the child, who must be the guiding factor for a court when a dispute is submitted. It then replaced the concept of the right of parents "parental responsibility", which is granted to the mother when parents are not married at the time of childbirth. The father, however, can also obtain parental responsibility under certain conditions. In case of separation or divorce, the parents retain both parental authority, even if only one of them will take custody of the child.

Discussion

A Natural Child

The Exclusive Exercise of Parental Authority for Mother

When the father and mother are not married at the birth of the child, parental authority belongs to the mother alone, even if the father acknowledged the child and they live together. Support the Children Act 1991, requires the natural father, even if not parental responsibility, to provide for child.

The Joint Exercise of Parental Authority

The natural father may obtain parental authority in several ways. He may enter into an agreement with the mother by signing it with a special form, "Parental responsibility agreement". This document is then certified by a justice or clerk and recorded. This agreement is irrevocable and cannot be annulled by a court. When the mother does not want this agreement, the father may file a petition in the court. Parental responsibility is granted only if the interests of the child warrants. The joint parental authority cannot be applied against the wishes of the mother if the father manages to convince the court that the arguments of the latter are unfounded. The father may ask the court for a "residence order" in his favour, in the interest of the child. Indeed, such an order is necessarily accompanied by the allocation of parental authority. In the latter two cases, the mother still retains parental authority.

The Rights of the Father Who has Not Obtained Parental Authority

The father may seek a court "access order" which will be in contact with the child visits, phone calls or letters. A survey conducted in early 1998 found that the provisions relating to the allocation of parental rights to natural fathers were unknown. Indeed, about 232,663 wedlock births registered in 1996 (35.8% of all births), 135,282 were in stable couples. However, there have only been about 3,000 agreements between parents and the courts have issued rulings that 5587 allocation of parental rights to the father. That is why the Department of Justice plans to make a significant change to the Children Act 1989: If an unmarried father recognizes his child at birth, parental authority would be automatically granted and therefore, it would share with the mother. This provision is not retroactive. This reform should be included in the bill to modernize the justice, to be tabled in the fall.

The Separation of Parents

The Principle of Maintaining the Joint Exercise of Parental Authority

After ...