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Comments

  • Loopy_Girl
    Loopy_Girl Posts: 4,444 Forumite
    Parental rights are not the same as parental responsibility.

    You said...

    Parental rights and responsibilites come under the same umbrella - you can't have one without the other.
    http://www.direct.gov.uk/en/Parents/ParentsRights/DG_4002954

    So you are still wrong
  • I'm not here to argue with you but your link talks about parental responsibility.

    Zaea33 copied an extract from midwivesonline.com which confirmed that position.

    If posting links is your thing, I suggest reading this one which confirms my original comment. http://www.opsi.gov.uk/acts/acts1989/ukpga_19890041_en_2#pt1-l1g3
  • Zara33
    Zara33 Posts: 5,441 Forumite
    1,000 Posts
    edited 24 May 2009 at 10:55PM
    I'm not here to argue with you but your link talks about parental responsibility.

    Zaea33 copied an extract from midwivesonline.com which confirmed that position.

    If posting links is your thing, I suggest reading this one which confirms my original comment. http://www.opsi.gov.uk/acts/acts1989/ukpga_19890041_en_2#pt1-l1g3
    http://www.opsi.gov.uk/ACTS/acts1995/ukpga_19950036_en_2#pt1-pb1-l1g3

    Maybe i am wrong i had always assumed rights and responsibilities go hand in hand so to speak

    http://www.opfs.org.uk/helpdesk/pubs/rg04-arrangements-for-children.pdf
    Hit the snitch button!
    member #1 of the official warning clique.
    :D:j:D
    Feel the love baby!
  • stokefan
    stokefan Posts: 790 Forumite
    im on the birth cert andthe child was born in 2008, so where do i stand?? confused now
  • Zara33
    Zara33 Posts: 5,441 Forumite
    1,000 Posts
    What are Parental
    Responsibilities?
    Parents have the following legal
    responsibilities towards their children:
    to safeguard and promote the child’s
    health, development and welfare;
    to provide direction and guidance to
    the child in a manner appropriate to the
    stage of development of the child;
    if the child is not living with you, to
    maintain personal relations and direct
    contact with the child;
    and to act as the child’s legal
    representative.
    These responsibilities are to be fulfilled only
    if fulfilling them is practicable and in the
    interests of the child. For example, if a
    parent is living abroad or is ill s/he would
    not be able to fulfill their responsibilities.
    Similarly, a parent may have behaved in a
    way that makes it no longer in the child’s
    interests for them to exercise their
    responsibilities.
    These responsibilities continue until the child
    is 16 except for the responsibility to provide
    guidance, which continues until the child is
    18.
    What are Parental
    Rights?
    Parental Responsibilities and Parental
    Rights go together, as the rights are there
    to allow a parent to fulfill their responsibilities.
    These rights are:
    to have the child living with you or to
    regulate where the child lives;
    to control, direct or guide the child’s
    upbringing in a manner appropriate to the
    child’s stage of development;
    if the child is not living with you, to
    maintain personal relations and direct
    contact with the child on a regular basis;
    • to act as the child’s legal
    representative.
    These rights apply until the child is 16.
    Who has Parental
    Responsibilities and
    Rights?
    The following people have Parental
    Responsibilities and Rights (PRRs):
    the child’s mother;
    the child’s father if the parents were
    married when the child was conceived or
    if they get married later;
    if the parents are not married, the
    child’s father if his name is on the birth
    certificate which was registered on or after
    4 May 2006;
    an unmarried father who is not named
    on the birth certificate but who has signed
    a PRR Agreement with the mother;
    an unmarried father who has obtained
    a court order for PRRs;
    any other person, for instance
    grandparents, step-parents, aunts etc,
    who has obtained a court order for PRRs;
    a guardian who has been appointed
    in the will of someone who has died and
    who had PRRs before they died.
    If in doubt you should speak to a solicitor
    who will advise you.

    http://www.opfs.org.uk/helpdesk/pubs/rg04-arrangements-for-children.pdf
    Hit the snitch button!
    member #1 of the official warning clique.
    :D:j:D
    Feel the love baby!
  • Zara33 wrote: »

    Maybe i am wrong i had always assumed rights and responsibilities go hand in hand so to speak

    Thank you Zara33. Its Section 2(4) of the Children Act 1989

    Stokefan, your name on the birth certificate makes no impact. You are the biological father and you have parental responsibility. If you were not married to your childs mother when he was born then you do not have parental rights unless legally adopt him.

    The childs mother must also name you as his legal gaurdian when she makes a Will.
  • Loopy_Girl
    Loopy_Girl Posts: 4,444 Forumite
    edited 25 May 2009 at 1:18PM
    Its Section 2(4) of the Children Act 1989
    And that act has been updated as you have already been told. If you care to look at your link at Section 2 (a), you will see that this is no longer the case and the Children's Act was updated in 2003 to accomodate for increase in the amount of unmarried parents.

    You are still wrong.

    If you also care to look at what Zara has posted and in particular the red writing. Also slightly down from that, where the heading says Who has Parental Rights and Responsibilities, please look at the 3rd example.

    If you have Parental Responsibility and this is either because you were married to the Mother, or you applied to the courts, or the baby was born after 1 Dec 2003 and you are named on the birth certificate then you also have Parental Rights.

    Please stop quoting Acts that are out of date and also telling posters incorrect information.
  • Loopy_Girl
    Loopy_Girl Posts: 4,444 Forumite
    stokefan wrote: »
    im on the birth cert andthe child was born in 2008, so where do i stand?? confused now

    It means that you have full Parental Rights and Responsibilites. This means that you have a say in schools, medical treatment etc etc.

    You are also the baby's legal guardian and should anything happen to the Mother as you are the baby's next of kin.
  • Loopy_Girl wrote: »
    If you also care to look at what Zara has posted and in particular the red writing.

    Which says:
    From 1 st December 2003, unmarried fathers are able to get equal parental responsibility simply by both parents registering the birth together.

    And that's correct, I've never said otherwise.
    Loopy_Girl wrote: »
    Please stop quoting Acts that are out of date and also telling posters incorrect information.

    The change in the law you refer to gives both parents equal responsibility. Nothing has reppealed Section 2(4) of the Children Act 1989 on parental rights - The rule of law that a father is the natural guardian of his legitimate child is abolished.

    stokefan, Loopy Girl is trying to tell you law is wrong.
  • Zara33
    Zara33 Posts: 5,441 Forumite
    1,000 Posts
    Thank you Zara33. Its Section 2(4) of the Children Act 1989
    ;)I'm not gonna argue (now there's a first for me :rotfl:) but we are quoting from different acts. The act that i am quoting from is Childrens Scotland act 1995, however i notice further down Loopy say's there is another act :confused:
    Hit the snitch button!
    member #1 of the official warning clique.
    :D:j:D
    Feel the love baby!
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