Parental & Child Rights - An Essential Legal Guide

Do you know what your parental rights are? And what are the rights of your children?

What should the school do if your child is being bullied? How do you protect your child online? Can your child have medical treatment without your say so? Is it against the law to smack your child?

If you've ever had questions about your rights as a parent and your children's rights, then Parental & Child Rights - An Essential Legal Guide can answer them all.

Bringing up a child is hard enough, without the extra burden of knowing all the legal rules and regulations that have an impact upon parenting.

This legal guide to your parental rights, and the rights of your child, will help all parents understand their parental rights and responsibilities, from expecting a first child to becoming a grandparent.

Author Jon Robins is an award-winning journalist who writes about legal rights and consumer issues for the national press. 

In Parental & Child Rights - An Essential Legal Guide he draws on the advice of leading experts and organisations on a wide range of topical issues, including parental leave rights, parental responsibility rights and parental access rights.

This essential legal guide to Parental & Child Rights is in Question & Answer format, full of practical help on your legal rights, free of jargon and legalese, and with a directory of contacts at the end of each chapter.

This legal guide to your parents' rights includes more than 200 answers to parents’ most frequently-asked legal questions, including:

• Who has parental responsibility – you or your partner?
• Do you have a parental right to insist upon a home birth?
• What standards can you, as a parent, expect from schools, hospitals and other services that provide for you and your children?
• How much parental leave can you take off work to have and care for your child?
• Are you entitled to a free nursery place for your child?
• Do you have the parental right to choose your child’s school?  
• How can you make a school appeal if a school refuses your child their first school place?
• What powers does a school have to ‘exclude’ your child?
• What should a school do to protect your child from bullying?
• Your child’s school disapproves of your plans for an extended holiday. Can they stop you? 
• What can you do if your child’s school isn’t up to scratch? 
• At what age is it ‘OK’ to leave your child ‘home alone’?
• Is it against the law to smack your child?
• What can you do to protect your child online? 
• How old does your child have to be to get a tattoo?
• Can your 15-year-old daughter have an abortion without your say-so? 
• Can your child have credit?
• Can parents be liable for the criminal acts of their children? 
• Do mothers always get custody after divorce and what about fathers' parental access rights?
• How does the Child Support Agency work?
• Who financially supports your children on a break up? 
• And much, much more...

See the 'Contents' tab above to read our full list of parental rights Q&As.

Parents: Know your parental and children's rights today with Parental & Child Rights - An Essential Legal Guide.

About the Author

Jon Robins is an award-winning freelance journalist and author. He has been writing for the national press for over ten years. His work has appeared regularly in The Times, the Observer, the Guardian, the Financial Times, the Daily Express and Sunday Express. Jon writes widely but specialises in writing about the law and consumer issues.

Parental & Child Rights - An Essential Legal Guide Contents

1.  Legal Rights and Responsibilities 

Parental Rights

• What does it mean to have ‘parental responsibility’?
• Who has parental responsibility – you or your partner?
• Can people other than the parents acquire parental responsibility?
• When does parental responsibility end? 
• Can a parent change a child’s surname?
• If you are not living with your child’s other parent, can you take your child abroad on holiday?
• What if you and your partner cannot agree on a major decision about your child? 
• What about caring for your children’s children? 
• What legal rights do grandparents have? 
• How do you acquire parental responsibility if you are a step-parent? 

Child Rights

• What does it mean to be a child under the law? 

2.  Expectant Parents

Expecting the Birth of your Child

• Where can you have your baby?
• You want a home birth but your local health authority ‘don’t do’ home births, do you have the right to insist?
• Can you be forced to attend hospital?
• What level of antenatal care should you expect
• What are your options when it comes to the birth itself?

After the Birth of your Child

• What post-natal care should you expect? 
• How do you register your child's birth? 
• Do you have a parental right to breast-feed in public?
• Must your children have their jabs?
• What happens if something goes wrong in the hospital?
• How does the law of negligence apply to a mother and her baby? 

Pregnancy and Work

• You’re pregnant. Should you tell your boss straightaway? How long can you leave it?
• Can you take time off for ante-natal appointments? 
• Will you lose pay (or even your job) if pregnancy stops you working?
• How much time can you take off work to have your baby? 
• Will you get paid during maternity leave? 
• Will you be able to keep the same job on your return from maternity leave? 
• How will becoming a mother affect your career prospects?
• Your partner is expecting a baby – can you get paternity leave? 

Other Ways to Start a Family

• Your partner is expecting a baby by donor insemination. What are your legal rights in relation to the child? 
• If you become a sperm donor, will your anonymity be preserved? 
• What are your parental rights concerning surrogacy?

Adoption and Fostering a Child

• What is adoption?
• Who can adopt?
• How do you apply to adopt?
• What happens when a child moves in with their new adoptive parents? 
• Do birth parents and other relatives have any contact with their child after adoption? 
• Do adopted children want to trace their birth parents? 
• What about adoption by step-parents?
• You are adopting a child, can you take adoption leave?
• What is fostering?
• What preparation do foster carers get? 
• How is fostering a child different from adopting a child? 

3.  Early Years of a Child

• You are thinking of returning to work and thinking of childcare, what are your options?
• What’s a ‘CRB check’? 
• How do you find a child-minder?
• How do you find a nanny to care for your child?
• What do you need to know when employing a nanny?
• Do you need an employment contract for your nanny?
• What should you include in a child-minder agreement?
• How do you go about choosing a nursery for your child?
• Are you entitled to a free nursery place for your child? 
• Can you change your working hours to spend more time looking after your child? 

4. Child's Education: Early Days 

• Do your children have the right to a free education? 
• Who is responsible for the education of your child?
• Are you breaking the law not sending your children to school?
• Do you have the right to choose your child’s school? 

The School Admissions Process

• How can you appeal a school's decision to refuse your child your first choice school place?
• You’re moving to the country with your five-year-old but the local infant school is full. What do you do? 
• What are the various types of school available to your children and what are the differences between them?

5.  Child's Education: School Life 

In Your Child's Classroom

• What is the National Curriculum, and how does it work? 
• What are your parental rights if you object to what your child is taught?
• Can schools teach your children about creationism?
• Do you have any parental rights over what your child is taught about sex?

Your Child’s Welfare 

• How should you prepare for a parents’ evening?
• What authority does a school have to discipline your child? 
• Does a school have the right to keep your child back after school?
• Are teachers allowed to hit or cane your child?
• What can you do if your child cannot attend a detention?
• What powers does a school have to ‘exclude’ your child?
• What are your parental rights if your child is excluded?
• What should a school do to protect your child from bullying?
• Your child is being called racist names at school.What should you do about it? 
• What is your parental responsibility for ensuring your child turns up to school?
• What if your child fails to attend school regularly – or often arrives late?
• Your child’s school disapproves of your plans for an extended holiday. Can they stop you? 
• Could your child be entitled to a free school lunch, or free milk? 
• What can you do if you aren’t happy about your child eating turkey twizzlers and pizzas at school? 
• What if you are concerned about the inappropriate behaviour of staff at your child's school? 
• What if you are concerned about the school’s health and safety record? ???
• What is the school’s responsibility if your child is injured on a school activity?

Special Educational Needs of Your Child

• What does it mean for a child to have ‘special educational needs’? 
• What can you do if you disagree with your child’s statement of special educational needs?

Parent Involvement in Child’s Schooling 

• What can you do if you want to play an active part in the running of your child’s school? 

Problems With Your Child's School 

• What can you do if your child’s school isn’t up to scratch? 
• What is the best way to handle a complaint with your child's school?
• Is it possible for a parent to take legal action against a school? 
• Could your child sue a school or local authority for, for example, failing to diagnose their dyslexia and consequently harming their educational progress?

6.  Growing Up: Children Staying In and Going Out

Children Staying In

• How do you choose a babysitter?
• At what age is it OK to leave your children ‘home alone’?
• Is it against the law to smack your child?
• Are others (such as teachers, nursery workers and childcare workers) allowed to smack your child? 
• What is the 9 o’clock watershed on TV, and how does it work? 
• How does the film classification system work? 
• Why are some films ‘12A’ in the cinema but ‘15’ on DVD? 
• What about video games? How are they classified? 
• Should you let my children have access to the internet? 
• What can you do to protect your child online? 
• Your children are downloading their music from the internet. Is this illegal?
• Can your child be sued for downloading?
• You are shocked by the high sexual content of the teen magazines your daughter reads.What can you do?

Children Going Out

• Does your child need a car seat? 
• What happens if there are more passengers than seat belts? 
• How do you find the right child seat for your bike? 
• Your child is going on a trip organised by someone else; for example, a school or a club.What level of care can you expect?
• What about playgrounds?
• What if you are going abroad?
• What if there are accidents involving animals?
• At what age can your child start driving?
• At what age can your child drink or go into a pub?
• What could happen if your underage child attempts to buy alcohol?
• What is the law relating to drink driving?
• Are there any restrictions on ‘alcopops’ being marketed to young people?
• Your son complains that he has been thrown out of a night club.What standards of conduct can you expect from bouncers?
• How old does your child have to be to get a tattoo?

Children: Sex and Health 

• Can your child consent to medical treatment without your say-so?
• Do you have a parental right to be consulted on medical advice given to your child?
• At what age can your child have sex? 
• Can your 15-year-old daughter have an abortion without your say-so? 
• When can an abortion be performed? 
• What protections does the law offer against sexual offences? 
• What can you do if you are concerned about your child being sexually abused? 

7.  Children Growing Up: Money, Work and Leaving Home 

Children and Money 

• How much pocket money should you pay your children? 
• Can your child open a bank account? 
• Can your child have credit? 
• Will your child be taught ‘the value of money’?
• What are the common ways to save for your child’s future? 
• Can your child claim welfare benefits? 

Children and Work 

• Your child wants to work around his school hours to supplement his pocket money by doing a paper round, is he allowed?
• What special protections do your children have at work? 
• What special health and safety requirements are there for young workers? 
• Can your child be paid less than £5 an hour? 
• Your daughter wants to work as a child model, does she have to be chaperoned? 
• Your child is to take part in a professional stage production, how often can he rehearse? 

Leaving Home 

• At what age can a young person leave home without parental permission? 
• If your child leaves home following a dispute, what kind of housing and protection from the state could they expect?
• What can you do if you are concerned about the welfare of your child who has run away from home after a dispute? 

When Parenting Fails

• What responsibility does a local authority have to ‘step in’ when they have concerns about a child’s welfare? 
• In what situations might local authorities become involved in the welfare of a young person? 
• What if a child is concerned about his care provision?
• When does a child leave the care system? 

8.  Children and Crime

• At what age do young people become responsible under the criminal law for their actions? 
• How do the courts deal with young persons? 
• How does a youth court work? 
• Does a child have an absolute right to their privacy if they end up in court? 
• What are the common offences committed by the young? 
• Are ASBOs criminalising the young?
• What powers do the police have to give the young ‘a slap on the wrist’? 
• How are young people punished? 
• Can parents be liable for the criminal acts of their children? 
• My child is arrested, do we need legal help? 
• Are children automatically eligible for legal aid?

9.  Parents Living Together and Living Apart 

Parents Living Together 

• Is it worth getting married? 
• Is a ‘prenup’ likely to be legally binding? 
• Who can get married? 
• How old does your child have to be before they can get married? 
• Where can your children get married? 
• What do you have to do to get married?
• What can unmarried cohabitants do to protect themselves? 
• Is it worth making a will? 
• What happens if your partner dies without leaving a will? 
• How do the intestacy rules operate in relation to your children on the death of your partner? 
• Who cannot inherit where someone dies without leaving a will? 
• What happens if there are no surviving relatives? 
• Why appoint a guardian? 
• Who may appoint a guardian? 
• Can you refuse to act as guardian?
• What legal rights do gay and lesbian parents have?

Parents Living Apart 

• What happens in law when couples separate?
• What does it mean to get ‘divorced’? 
• What happens on a divorce? 
• Are there any alternatives to divorce? 
• You want a ‘quickie’ divorce. How quickly can you get divorced? 
• How will you and your ex partner decide who looks after the children if you can’t agree? 
• Do mothers always get custody of children? 
• What happens in the event of a family break up if you want to keep contact with your grandchildren? 
• Who financially supports your children on a break up? 
• How does the Child Support Agency operate? 
• What happens to your home on a separation? 
• You are living in rented accommodation and you are about to split, what happens? 
• Is it possible to break up without falling out? 
• What if you have been assaulted and threatened by your partner, can you take legal action to protect yourself and your children? 
• Can you stop a violent partner from living at your jointly rented home? 
• You need to move out of your home to get away from your violent partner, what help can you get from the council to get re-housed?
• How do the police handle an allegation of domestic violence?