Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts
View More View Less

Procedural Guide to Parental Responsibility Orders under the Children Act 1989: Applicants, MIAMs, service, directions, welfare principles, duration and online pilot (England and Wales)

Published by a LexisNexis Family expert
Checklists
imgtext

Procedural Guide

This Procedural Guide explains the steps for making an application under the Children Act 1989 (ChA 1989) for a parental responsibility order. It sets out who holds parental responsibility, who may apply—such as unmarried fathers, step-parents and female parents—and the pre-action requirements. It also summarises the principles the court applies, the directions it can issue, the presumption of parental involvement, the rules on service, and how long an order lasts.

Under the ChA 1989, parental responsibility means the full range of rights, duties, powers, responsibilities and authority that the law gives a child’s parent in relation to the child and the child’s property.

Parental responsibility can be obtained in several ways, including:

  • By agreement;
  • By an order of the court.

In some situations, people who are neither parents nor step-parents may acquire parental responsibility as a result of other orders. More than one person can hold parental responsibility for the same child at the same time. A parent does not lose parental responsibility if another person gains it, save where an adoption order is made...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
Web page updated on 20/05/2026

Popular documents

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Read More Right Arrow

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Read More Right Arrow

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Read More Right Arrow

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...

Read More Right Arrow