What Parents Can and Cannot Do Without the Other’s Consent in Child Arrangements
When parents separate, one of the most critical issues they face is how to manage the care and upbringing of their children. The concept of “parental responsibility” in UK law means that both parents are responsible for making important decisions in their children’s lives, such as education, medical care, and religious upbringing. But what happens when one parent decides to act without consulting the other? This article explores what parents can and cannot do unilaterally under current family law.
Understanding Parental Responsibility
Parental responsibility is a legal term that encompasses all the duties, powers, and responsibilities a parent has towards their child. Both parents with parental responsibility must make decisions jointly, particularly on significant matters that affect the child’s welfare. However, there are often disputes when one parent takes actions without the other’s consent, which can lead to legal challenges.
What Can Be Done Without Consent?
Some decisions may not require mutual consent. For example, day-to-day decisions about routine activities (like what a child eats for lunch or what time they go to bed) can generally be made by whichever parent is caring for the child at that time. This flexibility ensures that daily life can proceed smoothly, even when parents are no longer living together.
A parent can also make emergency decisions if immediate action is required to protect the child’s health or safety. This could include urgent medical care if the child is injured or seriously ill, without the need to consult the other parent in the heat of the moment.
What Requires Mutual Consent?
More significant decisions about a child’s life require agreement from both parents with parental responsibility. These include:
a. Changing the child’s school: Both parents must agree to a change in educational arrangements unless a court orders otherwise.
b. Relocating the child to a different country: This is a major decision that requires mutual consent or a court’s approval, particularly when the move would affect the child’s ability to maintain a relationship with the other parent.
c. Changing the child’s surname: A parent cannot unilaterally change a child’s name without the other parent’s consent or a court order.
d. Major medical treatment: Significant medical interventions often require both parents to be in agreement, especially when it comes to procedures that are not emergencies
Legal Ramifications of Acting Unilaterally
Parents who make unilateral decisions without the other’s consent risk legal repercussions. The other parent may apply to the family court to prevent certain actions or reverse decisions already made. This can lead to court proceedings that are costly, time-consuming, and stressful for all involved, especially the children.
The courts usually encourage cooperation between parents for the welfare of the child. Therefore, if one parent acts unilaterally without justification, it can harm their standing in ongoing or future family law proceedings.
When Court Intervention Is Necessary
In cases where parents cannot agree on major decisions, it is possible to apply for a Specific Issue Order or a Prohibited Steps Order. A Specific Issue Order is used to resolve disputes over a particular aspect of a child’s upbringing, while a Prohibited Steps Order prevents a parent from taking a particular action, such as moving abroad with the child.
Courts will always consider the child’s best interests when deciding on these matters. For instance, the welfare of the child will be the paramount consideration when ruling on a potential relocation abroad.
How we can help
At Mackenzie & Co, we specialize in family law, helping separated parents find amicable solutions that work for everyone, particularly the children. We can assist in drafting formal agreements and offer guidance on managing holiday contact disputes.
If you need help arranging child contact over the holidays, contact us today to speak with one of our expert solicitors. We can be reached by email at info@mackenzieco.co.uk or if you prefer, by telephone, at 020 8569 6289.