If one parent wishes to relocate with their child, it can become particularly difficult for the parent left behind. When it comes to the law surrounding relocation following a divorce, the concept of Parental Responsibility is key.

What is parental responsibility?

Parental Responsibility is ‘all rights, duties, powers, responsibilities and authority’ which a parent has in relation to their child. When a child is born, the mother is automatically accorded parental responsibility, as is the father if he is married to the mother at that time. In cases where the parents are not married, but the father is registered on the birth certificate and the child was born after December 1 2003, he will also automatically acquire parental responsibility. Otherwise it can only be acquired through agreement with the mother or by a court order.

Put simply, parental responsibility refers to the power of the parents to make decisions on behalf of