The answer to this question seems fairly obvious. Isn't it someone who nurtures and raises a child?
Justine Flack, Family Law Solicitor at Howes Percival, goes on to explain that the actual answer may be more involved, particularly when considering the financial responsibilities which a parent has.
The law has defined 'parent' as any party to a marriage and any civil partner in a civil partnership (whether or not those relationships are continuing) to whom the child concerned is a child of the family. Recently, there has been a further definition distinguishing between 'legal' parents and 'social' or 'psychological' parents.
This issue was considered in the recent case of TVB which concerned two female partners to a relationship. They had been in a relationship for 13 years although had not formalised it by entering into a civil partnership. After 6 years a child was born to one of the woman following successful artificial insemination. Following the breakdown of the relationship some four years later, a share residence order was granted by the Court recognising that both women had taken on the role of parents to the child.
This was important as a residence order is one of the ways that someone may require parental responsibility for a child. Parental responsibility is all the rights, responsibilities and duties for raising a child. All biological mothers automatically have parental responsibility for their child, some fathers also have it, others have to acquire it.
So, having been granted parental responsibility, can certain orders for financial relief be made against the holder. The Court decided that this would not always be appropriate and determined that there was a difference between a legal parent, who is a biological parent or someone who has become a parent via law i.e. adoption, and a social parent. In granting parental responsibility to the woman in the case, she had become a social parent giving her rights and responsibilities for the child but those responsibilities did not extend to financial responsibility. The lack of formal relationship with her former partner and the lack of biological link with the child meant that she was not a legal parent.
The status of the parent is not therefore quite as straight forward as it initially seems and all parents of children who assume the role of parent should perhaps be clear on their position.
To find out more about parental responsibility and your parental role or for information on any another family legal matter, please contact Justine Flack on 0116 2473564 email: justine.flack@howespercival.com or Jane Cowley on 0116 2473596 email: jane.cowley@howespercival.com
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Contacts
Jane Cowley
Partner
Head of Family Law Team and East Midlands Private Client Group
0116 247 3596






