Part IIE+W Orders With Respect To Children In Family Proceedings

GeneralE+W

12 Residence orders and parental responsibility.E+W

(1)Where the court makes a residence order in favour of the father of a child it shall, if the father would not otherwise have parental responsibility for the child, also make an order under section 4 giving him that responsibility.

(2)Where the court makes a residence order in favour of any person who is not the parent or guardian of the child concerned that person shall have parental responsibility for the child while the residence order remains in force.

(3)Where a person has parental responsibility for a child as a result of subsection (2), he shall not have the right—

(a)to consent, or refuse to consent, to the making of an application with respect to the child under section 18 of the M1Adoption Act 1976;

(b)to agree, or refuse to agree, to the making of an adoption order, or an order under section 55 of the Act of 1976, with respect to the child; or

(c)to appoint a guardian for the child.

(4)Where subsection (1) requires the court to make an order under section 4 in respect of the father of a child, the court shall not bring that order to an end at any time while the residence order concerned remains in force.

Commencement Information

I1S. 12 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations