s.3(1) of the Children Act 1989 (‘CA’), ‘parental responsibility’ means all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.

“Whether or not a parent has parental responsibility is not simply a matter that achieves the ticking of a box on a form. It is a significant matter of status as between parent and child and, just as important, as between each of the parents” (Re W (Direct Contact) [2013] 1 FLR 494, CA).

There is a question as to whether a parent can act unilaterally without the other parent's consent.

Section 2(7) of the Children Act states:

‘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 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.’

In Re H (A Child) (Parental Responsibility: Vaccination) [2020] EWCA Civ 664 

In summary and 'layperson' terms.

• Where more than one person has parental responsibility each of them may act alone and without the other
• No parent has dominance or priority over the other.
• Each parent has equal responsibility.
• Where parents live in separate households it is clear that both will exercise their day to day responsibilities independently.
• Where there is no agreement, a court application may be needed for a Specific Issues Order or a Prohibited Steps Order.

However, parental responsibility is not a free for all.

In the case of Re J (Specific Issue Orders: Child’s Religious Upbringing and Circumcision) [2000] 1 FLR 571, at para 577:

“There is, in my view, a small group of important decisions made on behalf of a child which, in the absence of agreement of those with parental responsibility, ought not to be carried out or arranged by a one-parent carer although she has parental responsibility under s.2(7) of the Children Act 1989. Such a decision ought not to be made without the specific approval of the court. Sterilisation is one example. The change of a child’s surname is another. Some of the examples, including the change of a child’s surname, are based upon statute (see s.13(1) of the Children Act 1989).”

In Re J the court held that circumcision should be added to this special category.

In Re C (Welfare of Child: Immunisation) [2003] EWCA Civ 1148, [2003] 2 FLR 1095) added “hotly contested issues of immunisation” to that ‘small group of important decisions’. ( as per Thorpe LJ at [17])

The Unilateral removal of a child from the UK is included in the list. S.1 of the Child Abduction Act 1984, makes it a criminal offence for a parent to take or send a child under the age of 16 years of age out of the United Kingdom without the appropriate consent of all those holding PR (subject to the relevant defences set out in s.1(5) of the 1984 Act).

Similarly, under s.13(1) of the CA where a child arrangements order is in force, it prohibits the removal of children from the UK (other than for short periods) without either the written consent of every person who has parental responsibility or the leave of the court.

in Re C (Internal Relocation) [2015] EWCA Civ 1305; [2017] 1 FLR 103, Black LJ at (19)

‘… Where a child arrangements order is in force dealing with what would formerly have been called residence or contact, s.13 provides that no person may remove the child from the UK (other than for short periods) without either the written consent of every person who has parental responsibility or the leave of the court. There is no equivalent provision regulating moves within the UK; the freedom of a parent to move with the child will only be constrained if an order is made under s 8 of the Act, usually in these circumstances a prohibited steps order or a specific issue order…’ 

Can a parent re-locate in the UK without the other's consent?

Parents do not need each other’s consent to relocate within the UK, nor do they require a court order and there is no obligation to apply under s.13(1)(b).

However, the other parent may apply for a Prohibited Steps Order under s.8 of the CA, or for the imposition of a condition to the child arrangements order under s.11(7).