Your Children Matter
Parental Responsibilities - How to get them?
BECOMING A GUARDIAN
Let's talk about Sahib.
Sahib's mother died when he was born and when he was 6 his father died. Before he died Sahib's father wanted to make sure that there would be someone to take responsibility for Sahib after his death. So he made his own mother and father, Rajid and Shareen, Sahib's guardians. That meant that when he died they would have exactly the same responsibilities towards Sahib as he had. This wasn't a complicated thing to do. He simply wrote on a piece of paper that he wanted Rajid and Shareen to be Sahib's guardians if he died. He signed the piece of paper and put down the date on which he wrote it. Then it was legal. Then he put it in an envelope and left it with his family's other official papers - birth certificates, insurance policies - things like that. He could have done it another way - by including in his will details of who he wanted to be Sahib's guardian.
A court can also appoint a guardian if this is in the child's best interests. A guardian can act together with a surviving parent.
Parental Responsibilities -
How you can get them?
Remember it's not enough to have an understanding in your family or to have mentioned it to the person concerned. You must put it in writing. If your child is old enough you should also give them the chance to say what they think about your choice of guardian.
Take Donna's father - he's not married to Donna's mother. His name is on her birth certificate but that doesn't give him legal responsibilities, although he does have the duty to provide for her financially. If anything happened to Donna's mother, there might be difficulties. So what can he do? First of all, he could marry Donna's mother. Then he would have legal responsibilities for Donna. But maybe they don't want to do that. So what else can he do? He can:
- Making a Parental Responsibilities and Parental Rights Agreement
How will Donna's dad do this?
First he needs a form - This is what it looks like
PARENTAL RESPONSIBILITIES AND PARENTAL RIGHTS AGREEMENT
He can get this form from a lot of places - Registration Office, Citizens' Advice Bureau, family mediation services, Scottish Executive Justice Department or a solicitor. The most important thing he needs before filling in the form is the agreement of Donna's mum. BOTH OF THEM HAVE TO FILL IN THE FORM, SIGN IT AND REGISTER IT. All of this is explained in the leaflet that goes with the form.
This way of getting parental responsibilities and rights is only for a child's dad who is not married to his child's mother. It is a good way for someone like Donna's dad to get legal responsibilities for her because it needs both her parents to be willing to co-operate. Parents co-operating if they can is what's best for children.
If, for some reason, Donna's mum didn't want Derek to have legal responsibilities for Donna, he can go to court and ask for an order giving parental responsibilities and rights. He can ask for this even if Donna doesn't live with him. The court will decide what's in Donna's best interests.
So that's Donna. What about Iain at No.3?
Iain's stepfather, Bob, would like to have legal responsibility for him. But he can't get a Parental Responsibilities and Rights Agreement because that's only for a child's dad who's not married to his/her mother. He could, though, ask a court for an order giving parental responsibilities and rights. This could give him the same responsibilities and rights as Fiona (Iain's mum) and Andy (his dad).
There is another way for Bob. He could apply to adopt Iain. This would put him in the same position as Iain's mum but it would take away Andy's legal responsibilities for Iain. Trying to adopt a child can be a very long process because it has big consequences for the whole of the child's life. So Bob would be asked to think very hard about whether that's the best thing for Iain and Andy would need to agree to it. Because Iain is now 12, he would need to agree as well.
Now Margaret Brown at No.5 has a question.
"Hello. I'm Margaret. I'm 15. I live with my auntie and uncle, as you know, at No.5. I don't remember mum very well. She wasn't about much when I was young. I think she's in London now but I'm not sure. My dad works away from home on the oil rigs. I just see him once a month. Before he went away he arranged for me to live with Auntie Cath. I'd always spent a lot of time at her house anyway. I would like Auntie Cath to be legally responsible for me but I still want my dad to be involved. Is that possible?"
What's the answer?
"Yes, Margaret. Your Auntie Cath could ask the court for an order giving parental responsibilities and rights. This wouldn't take anything away from your dad but it would give her a legal role in your life. The fact that you would like this to happen will be very important to the court deciding on it."