Hilde Braaten Resseth writes for Family Law Journal comparing parental responsibility laws in Norway, England and Wales
min readHilde Braaten Resseth, Associate in our Family team, contributes to an article for Family Law Journal, comparing parental responsibility laws in England and Wales with those in Norway. The article examines how these laws align with societal changes including the push for more equal parenting.
Parental responsiblity gives parents the right and duty to make key decisions about a child's welfare, such as education, medical care, and travel, but does not cover day-to-day care. In England and Wales, mothers automatically have parental responsibility, whereas fathers only gain it if married to the mother or listed on the birth certificate. Unmarried fathers must enter an agreement, marry the mother, or seek a court order, raising questions about whether the law reflects modern family structures.
In contrast, Norway’s Children Act automatically grants joint parental responsibility to both parents, regardless of marital status, since 2020. A new Children Act, set to take effect soon, will further ensure shared decision-making after separation, reflecting trends toward equal caregiving. While both systems prioritise child welfare, England and Wales follow a paternalistic approach, while Norway advocates for equal parenting. The article asks which system does it "right"?
Read the full article in Family Law Journal here.
