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Original poster

Parental rights/responsibilities

46 replies

yorkshirelass79 · 18/01/2007 13:18

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mummydear · 18/01/2007 14:15

what about \linl{http://www.direct.gov.uk/Parents/FamilyIssuesAndTheLaw/ParentsRights/ParentsRightsArticles/fs/en?CONTENT_ID=4002954&chk=JgXq/k\this}

mummydear · 18/01/2007 14:15

sorry

this

Original poster
yorkshirelass79 · 18/01/2007 14:17

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Original poster
yorkshirelass79 · 18/01/2007 14:51

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Original poster
yorkshirelass79 · 18/01/2007 14:53

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winestein · 18/01/2007 14:56

section here THE LAW seems to give you the info you want at 1.

winestein · 18/01/2007 15:02

did you find the Children Act (here)
It defines responsibilities, but in legalese. Do you understand it?

winestein · 18/01/2007 15:04

It also appears that the parental responsibility can be given to a father either by a court or by agreement with the mother.

winestein · 18/01/2007 15:13

Incidentally, I can't see the conflict between the section of the Education Act and the excerpt from the Directgov site.

What is it you need to know exactly?

Original poster
yorkshirelass79 · 18/01/2007 15:16

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Original poster
yorkshirelass79 · 18/01/2007 15:19

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winestein · 18/01/2007 15:25

I do know that he is entitled to information from the school, but without PR he can't make any decisions... that said, it also appears that he can apply to a court for PR without the mothers knowledge, and then would be entitled to making important decisions - but if he were to change schools without the mothers knowledge he would probably be deranged quite frankly! The intention of the act is to put the childs needs first - so I imagine changing schools without the primary carers knowledge is covered somewhere without having to resort to court orders... i hope!
I was interested in this as my brother is on the reverse side of your friends situation and he has been forced to see a solicitor to get access etc put into writing (he does have PR) and the school thing came up as she was saying he had no right to know anything about her schooling.

winestein · 18/01/2007 15:26

I don;t think it says that a parent without PR can make decisions does it? Just that they can receive info about what is going off in that childs education.
I'll see if I can find out what Principle 12 (or whatever it was!) is

winestein · 18/01/2007 15:28

Hmmm... it does rather suggest what you are saying now I have re-read it. See what you mean!

Original poster
yorkshirelass79 · 18/01/2007 15:37

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winestein · 18/01/2007 15:49

OOOOH you ^MONKEY!"

Section 576 (took me ages to find it!!!!)

I think the excerpt you quoted is wrong when you look at this (from the act itself). A parent is defined as per the Children Act 1989 - if he gets Parental Responsibility he can then have a say in it by the looks of things.

Meaning of "parent". 576. - (1) In this Act, unless the context otherwise requires, "parent", in relation to a child or young person, includes any person-

(a) who is not a parent of his but who has parental responsibility for him, or
(b) who has care of him,
except that in the provisions mentioned in subsection (2) it only includes such a person if he is an individual.

(2) Those provisions are-

(a) sections 78(3), 81(4), 162, 186 to 188, 190, 200, 223, 226 and 228; and
(b) paragraph 7(2) and (7) of Schedule 8, paragraph 7(1) of Schedule 9, Schedule 18, paragraph 8 of Schedule 23 and Schedule 24.
(3) In subsection (1) "parental responsibility" has the same meaning as in the Children Act 1989.

(4) In determining for the purposes of subsection (1) whether an individual has care of a child or young person, any absence of the child or young person at a hospital or boarding school and any other temporary absence shall be disregarded.

Original poster
yorkshirelass79 · 18/01/2007 15:54

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winestein · 18/01/2007 16:14

Don;t worry - I was only ribbing you!

Actually, 576 doesn't define parent (it defines who is included in the definition of parent) and I can't find General Principle 12 - perhaps the key is there, that natural parents have automatic rights regardless of anything regarding their childs education. The provisions are just the provisions of the act - I had a quick look at them and the majority refer to Governing Bodies.

Certainly annoying in the case of your friend's DD's father though, I can see!

Original poster
yorkshirelass79 · 18/01/2007 16:17

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Original poster
yorkshirelass79 · 18/01/2007 16:24

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winestein · 18/01/2007 16:27

I was just looking up the legal definition of "parent" and I think that's where the act looks like it is lacking. The way I read it, the act does not define parent but as there is a legal definition of the word parent ("the lawful and natural father or mother of a person. The word does not mean grandparent or ancestor, but can include an adoptive parent") possibly that is how it is to be interpreted

winestein · 18/01/2007 16:30

Have just emailed my brother the links - thanks

Aloha · 18/01/2007 16:35

Why is this a problem? What possible harm can it do? She is his daughter, even if he is a bit crap.

Original poster
yorkshirelass79 · 18/01/2007 16:42

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winestein · 18/01/2007 16:56

No problem! It was interesting for me - I deal a lot with acts at work, but not the Education Act (as you could probably tell given I was marching through the swamp with you! )