PR under child arrangements orders: CA 1989 s. 12
CA 1989 s. 12 requires courts to grant parental responsibility when making live with child arrangements orders for certain parents or non parents.
Where— the court makes a child arrangements order with respect to a child, the father of the child, or a woman who is a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, is named in the order as a person with whom the child is to live, and the father, or the woman, would not otherwise have parental responsibility for the child, the court must also make an order under section 4 giving the father, or under section 4ZA giving the woman, that responsibility. Where— the court makes a child arrangements order with respect to a child, the father of the child, or a woman who is a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, is named in the order as a person with whom the child is to spend time or otherwise have contact but is not named in the order as a person with whom the child is to live, and the father, or the woman, would not otherwise have parental responsibility for the child, the court must decide whether it would be appropriate, in view of the provision made in the order with respect to the father or the woman, for him or her to have parental responsibility for the child and, if it decides that it would be appropriate for the father or the woman to have that responsibility, must also make an order under section 4 giving him, or under section 4ZA giving her, that responsibility. Where the court makes a child arrangements order and a person who is not a parent or guardian of the child concerned is named in the order as a person with whom the child is to live, that person shall have parental responsibility for the child while the order remains in force so far as providing for the child to live with that person . Where the court makes a child arrangements order and— a person who is not the parent or guardian of the child concerned is named in the order as a person with whom the child is to spend time or otherwise have contact, but the person is not named in the order as a person with whom the child is to live, the court may provide in the order for the person to have parental responsibility for the child while paragraphs (a) and (b) continue to be met in the person's case. Where a person has parental responsibility for a child as a result of subsection (2) or (2A) , he shall not have the right— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . to agree, or refuse to agree, to the making of an adoption order, or an order under section 84 of the Adoption and Children Act 2002 , with respect to the child; or to appoint a guardian for the child. Where subsection (1) ... requires the court to make an order under section 4 or 4ZA in respect of a parent of a child, the court shall not bring that order to an end at any time while the child arrangements order concerned remains in force so far as providing for the child to live with that parent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
When a court makes a child arrangements order specifying that a child is to live with a father, or a female parent under section 43 of the Human Fertilisation and Embryology Act 2008, who does not already have parental responsibility, the court must grant them parental responsibility under section 4 or section 4ZA. If the order provides only for spending time or contact with the child, the court must decide whether granting parental responsibility is appropriate.
Where a person who is not a parent or guardian is named in a child arrangements order as a person with whom the child is to live, that person automatically gains parental responsibility for as long as that living arrangement remains in force. If a non-parent is named only to spend time or have contact, the court has discretion to grant parental responsibility for the duration of that contact arrangement.
A non-parent who holds parental responsibility under subsection 2 or 2A cannot consent or refuse to an adoption order or an order under section 84 of the Adoption and Children Act 2002, nor appoint a guardian. Additionally, a parent's section 4 or section 4ZA responsibility granted alongside a live-with order cannot be ended while that live-with provision stays in force.
When it applies
- An unmarried father without parental responsibility is named in a child arrangements order as the person with whom the child lives.
- A grandmother named in a live-with order requires parental responsibility to make school and medical decisions for her grandchild.
- A female parent under section 43 of the 2008 Act receives a contact order and asks the court for parental responsibility.
- A step-parent holding parental responsibility under a live-with order attempts to appoint a guardian for the child in a will.
What this section does not say
- Automatic acquisition of parental responsibility at birth by registration on a birth certificate, which is governed under section 4.
- Restrictions on changing a child's surname or removing a child from the jurisdiction.
- Financial maintenance and support claims for children.
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This page reproduces the text of CA 1989 s. 12 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.