Child Support Law and Parental Responsibility

Parental responsibility refers to the rights and privileges that unite the relationship between a parent and their child. This can also apply to any significant adult that plays an influential part in the child’s life.

EU Law And Parents

The European Union (EU) recognises the importance of Family Law and has rules on the jurisdiction of the enforcement of parental responsibility. This enforcement is recognised by uniform procedure that ensures the courts in the child’s resident state has the jurisdiction to rule on parental responsibility.

As part of the EU’s policies parental responsibility ensures the child has the right to maintain contact with both parents, regardless of where they live within the EU member states. The enforcement of access rights also seeks to prevent child abduction within the European Union.

Parental Responsibility In The UK

Under English law parents are responsible for upholding all the duties, powers, rights, authority and responsibilities in relation to their child. If the mother and father are married, at the time of the child’s birth, they share parental responsibility. However, if the parents are unmarried parental responsibility is given to the child’s mother, unless the child is the subject of an Adoption Order.

A civil partner can acquire parental responsibility, provided the other partner is in agreement with this arrangement. Parental responsibility must also be put in writing, in the case of a step-parent. A legal guardian may also be responsible along with someone who has a residence order stating that the child must live with them.

Parents And Child Support

Parental responsibility extends to providing a comfortable environment in which a child can be supported through childhood. Providing suitable shelter, clothing, food and educational items is also the parent’s duty.

In the case of families that are separated by divorce, legal separation or lone parents with absent fathers providing assistance, the form of a maintenance payment can help reduce the financial pressures of child-rearing.

Separated parents are legally duty bound to ensure their child, or children, are properly looked after. Parents with care, of the child, may experience difficulties in financially supporting the child on their own. Child support laws in the UK therefore obligate a non resident parent to pay a periodic amount of maintenance in order to provide financial assistance for the child in their home environment.

The Child Support Agency (CSA) and Child Maintenence Service (CMS) provides parents with care with a maintenance collection and distribution service that also assists with tracing absent parents.

In practice sharing parental responsibility means that adults must put the child’s interests first in any situation. A parental responsible person must do what is reasonable in any circumstance for the purpose of safeguarding the child’s welfare. This also means promoting and maintaining a safe, welcoming environment for the child to live in.

Shared Responsibilities

Sharing parental responsibilities requires that both parents consult on matters of importance that concern their child, regardless of their own relationship with each other. Understanding that the child’s welfare comes first is of paramount importance.