Family Law

‘Should all parents automatically have parental responsibility?’

I have attached the module guide and would like the case, academic artciles and journal reading to be used firstly before and in additonal to any further soucre materials. I would like sub headings and double spacing.

I had given thought to the followng:
What is parental responsibility – discuss the theoritical issues (automatic/agreement/by order/gender equality?
psychological, sociaological, biological parenthood, contrast where they differ and whether the legal framework considers them at all?

Herring (2017)

Law – sec 4. CA 1989
– sec 5. CA 1989
– ECHR Article 2
Odievre v France (2004)
– Re H (minors) ( parental responsibility ) (1991)
1. Reality of living as a parent without having parental responsibility. (study or case material)
Most fathers do not have PR.
– Gilmore (2003)
2. Fears of Parental misuse (fathers)
– Re S (A Minor) 1995
3. Right of fathers
– Re R (2011) 2 FLR 1132 (Parental Responsibility)
( Look for a case that demonstrates both sides of this arugement / maybe ECHR)
4. Issues of certainty (under the current law)
Documents to prove parental responsibility, birth certificate, marriage certificates ..
fathers recognised on birth certificates
– Adoption and Children’s Act 2002
offers the protection against the misuse of parental responsibility and promotes certainty in proving who has PR.
-otherwise a father can apply to the courts for PR.
Articles to consider and include where relevant
Eekelaar (1991)
Bainham (2006)
Clifford (2014)
Gimore (2003)
Gilmore, Herring (2009)
Freeman (2008)
Mason (2006)
Reece (2009)
Wallbank (2009)
Need to consider the reforms in the Welfare Reforms Act 2009, Children’s Act 2004 and look at the UN Convention-Rights of the Child article 19.