A Parental Responsibility Order is an ordered court order within the United Kingdom that is given to a person in order to accord parental responsibility for a child. Their statutory basis is the Children Act 1990 s4 which empower a judge to make orders relating to child custody, and parenting time arrangements. In a PRA hearing the court will ask for information regarding the child’s welfare including the name, address and date of birth of each parent. It also asks about the parents’ Social Security numbers and any other information they have provided the court which would establish the child’s care. The court will then consider the welfare of the child and decide what type of order is best for the child.
In most cases a PRA is issued when a parent has been negligent and is responsible for causing harm or injury to a child. This is usually considered a fault in child custody cases. For example, if a parent has left a child with a sitter and the sitter is injured, the parent can be held responsible for paying for the care. If one parent was involved in neglect and did not provide the care the other parent needed, the parent can be held legally responsible. Generally the court will issue an order for joint physical custody if both parents are financially and legally able to care for the child.
Reasons PRA Orders Might Be Issued
There are several reasons why a PRA order may be issued. When one of the parents is suspected of leaving their child alone or unsafe or committing acts that put the child in harm’s way such as drug abuse, the court will take action. If there is financial abuse such as taking money that should go towards the child from the other parent, or abuse of another child in the home, this will often lead to a court order for custody. Where drugs are involved, the court will often ask the parents to get treated together.
As mentioned earlier, the primary purpose behind a PRA order is to ensure the safety of the child. It says that both parents have a responsibility to the child to ensure their safety. It also says that both parents have a duty to teach the child morals and values. If the parent with whom the child lives does not show the child moral values, then the court will make that decision for them. This applies to any marriage or domestic partnership where one of the parents is deemed unfit.
In some circumstances, where the PDA would be in the best interest of the child, the court will not issue the parental responsibility order. These scenarios usually occur when there is obvious domestic violence between the parents. If there is abuse of the child physically or mentally, the court will not enforce the parenting plan that exists because of parental responsibility.
One Of The Most Unfortunate Reasons
In some cases, where domestic violence between the parents is not extreme, but there is a history of abuse going back to when the child was young, the court will sometimes issue a parental responsibility order even if the parents are married. The judge looks at what is in the best interest of the child in this case and does not want to create an environment where the child’s physical or mental health is at risk. Often, when the judge issues a parental responsibility order, they require one parent to stay away from the child and prohibit the other parent from coming near the child. The other parent will often have a chance to participate in activities with the child.
If the PDA requires either parent to stay away from the child, it can be quite difficult to obtain visitation during this time. Sometimes, the judge will issue a temporary parental responsibility order and require the parent to come back after visitation has started. In the end, the judge is looking out for the welfare of the child and won’t enforce a parental responsibility order that does not benefit him or her.
In The End
When a PDA is issued, both parents should be aware of the provisions. The child has to be protected at all times and both parents should follow the order and be aware of their rights. If the PDA doesn’t specify what the court requires, the parents should seek legal advice from an attorney who specializes in juvenile law. An attorney can explain all of the provisions of a parental responsibility order and help the parents make sure that the order is in the best interest of the child.