Section 4Part 1 — Introductory
Parental responsibility for children
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4. (1) Where a child’s father and mother were married to each other at the time of his birth, they shall each have parental responsibility for the child.
Where a child’s father and mother were not married to each other at the time of his birth —
the mother shall have parental responsibility for the child;
the father shall also have parental responsibility for the child where —
he, along with the mother, registers the birth of the child; or this Law.
he otherwise acquires it in accordance with the provisions of
The rule of law that a father is the natural guardian of his legitimate child is abolished. Children Law (2012 Revision) Section 4A c Revised as at 31st day of July, 2012 Page 15
More than one person may have parental responsibility for the same child at the same time.
A person who has parental responsibility for a child at any time shall not cease to have that responsibility solely because some other person subsequently acquires parental responsibility for the child.
Where more than one person has parental responsibility for a child, each of them may act alone and without the other (or others) in meeting that responsibility, but nothing in this Part of this Law shall be taken to affect the operation of any enactment which requires the consent of more than one person in a matter affecting the child.
The fact that a person has parental responsibility for a child shall not entitle him to act in any way which would be incompatible with any order made with respect to the child under this Law.
A person who has parental responsibility for a child may not surrender or transfer any part of that responsibility to another but may arrange for some or all of it to be met by one or more persons acting on his behalf; and the person with whom any such arrangement is made may himself be a person who already has parental responsibility for the child concerned.
The making of any such arrangement shall not affect any liability of the person making it which may arise from any failure to meet any part of his parental responsibility for the child concerned. 4A. Acquisition of parental responsibility by a step-parent 4A. (1) Where a child’s parent (“parent A”) who has parental responsibility for the child is married to a person who is not the child’s parent (“the step-parent”) —
parent A or, if the other parent of the child also has parental responsibility for the child, both parents, may by agreement with the step-parent provide for the stepparent to have parental responsibility for the child; or
the court may —
on application by the step-parent after inquiry by the court into the family circumstances of the child; or the step-parent shall have parental responsibility for the child.
on application by one or both parents and the step-parent, order that
An agreement under subsection (1)(a) is also a “parental responsibility agreement”, and section 4(2) applies in relation to such agreements as it applies in relation to parental responsibility agreements under section 6.
A parental responsibility agreement under subsection (1)(a), or an order under subsection (1)(b), may only be brought to an end by an order of the court made on the application of — Section 5 Children Law Page 16 Revised as at 31st day of July, 2012 c
the person who has parental responsibility for the child; or
the Department, on behalf of the child.
The court may only grant leave under subsection (3)(b) if it is satisfied that the child has sufficient understanding to make the proposed application.