When parents separate, there is sometimes a misconception that the parent who is the primary carer has greater legal rights over information regarding their child.
Separation by itself does not remove parental responsibility. It is also important to note parental responsibility does not provide an automatic right to time spent with your child.
The fact that one parent provides more, or even all, of the child’s day-to-day care does not, in itself, extinguish parental responsibility.
Family law solicitor Caitlin Davis looks at the issues of parental responsibility.
Parental responsibility continues to carry important legal rights and responsibilities in relation to your child, including access to information about your child’s education, healthcare and welfare.
Education
You may not deal with the school run or deal with the school on a day-to-day basis, but this does not mean you should be excluded.
You can take steps such as:
• Providing the school with your up-to-date contact details
• Asking to be added to correspondence list
• Receiving a copy of school reports and appropriate updates
• Contacting the school if you feel like you are not being provided with all the important information
• Arranging your own appointments e.g. for parents evening
Healthcare
Depending on your child’s age and circumstances, you may be able to be involved in decisions about medication treatment, prescriptions, appointments and test results.
You can seek your own appointments with their GP, and you can ask for their medical records.
It is important to understand that parental responsibility does not provide an unrestricted right to such information, and a child does have their own right to privacy and confidentiality.
Depending on their age and understanding, it may not be appropriate to disclose everything to a parent unless there is a safeguarding concern, for example; counselling records.
If you have parental responsibility but feel that you are being excluded from your child’s education or other aspects of their life it is important to be proactive.
Make direct enquiries with school and the GP, ask to be added to records and correspondence arrangements and provide, where requested, evidence that you have parental responsibility i.e. a copy of their birth certificate naming you as their parent.
Your position may be affected if there is an existing Child Arrangements Order, Prohibited Steps Order or other Court order and therefore, it is key to consider the terms of any Order before doing any of the above.
If you are concerned about the access you have to information about your child or other child arrangement issues, please contact the family department at Wake Smith Solicitors for further assistance.
Call Caitlin Davis in Wake Smith’s family law team on 0114 224 2023 or email [email protected]
For further information on our family law services click here