What rights does a father have?

The extent of fathers rights depend on several factors including if they are married to the child’s mother, named on the child’s birth certificate or have parental responsibility.

If a father was married to the mother at the time of the child’s birth or named on the child’s birth certificate, then they automatically have parental responsibility and equal rights to the mother to make decisions relating to the child’s health, welfare, education and religion.

If a father was unmarried at the time of the child’s birth and not named as the father on the child’s birth certificate, he will not share parental responsibility for the child with the mother. However, there are ways to obtain parental responsibility.

Our legal experts in the area of fathers’ rights can assess your situation to help you fully understand your rights.

Fathers rights after a separation

If a father has parental responsibility for a child, the father’s rights are not removed when parents separate or divorce.  The father will still have the same legal rights as the mother such as:

• The same right to see and care for their child as the child’s mother.
• The right to be consulted on decisions about their child’s upbringing, such as education, medical treatment and name.
• The right to receive child maintenance if they have the majority of overnight care of the child.
• The right to take their child on holiday abroad if all persons who have parental responsibility for the child agree (unless there are court orders in place which either prevent or allow this without the need to obtain consent).

Ultimately, divorced or separated parents with parental responsibility have the same rights in respect of their child unless a court order is in place which restricts the parent from exercising those rights in some way, such as a Prohibited Steps Order or Specific Issue Order.

Following separation, it is advisable for parents to enter into a co-parenting agreement. However, we understand that agreeing on arrangements for the care of your child or their upbringing is not always possible. Our family lawyers can advise you on the steps to be taken to resolve any issues that arise

Find out more about our family law services.

Does a father have parental responsibility?

If you have parental responsibility, you have legal rights, duties and powers in relation to your child. Examples of parental responsibility include the right to decide the child’s education, consent to medical treatment, name the child, and determine the child’s religion.

A father will have parental responsibility if he’s:

• Married to the mother when the child is born; and/or
• Named as the father on the child’s birth certificate.
• Entered into a parental responsibility agreement with the child’s mother and any other person who may have parental responsibility for the child.
• Obtained a parental responsibility order from the court.

The only way to remove parental responsibility is via a court application to extinguish parental responsibility.

Further information can be found on our main parental responsibility page

How can a father gain parental responsibility?

If a father wishes to gain parental responsibility, this can be obtained by entering into a parental responsibility agreement with the child’s mother (and any other person who has parental responsibility for the child), by applying to the court for a parental responsibility order or by securing a child arrangements “live with” order. These agreements and orders will give the father equal legal rights for the child.

Our family law experts can help and advise on the process of gaining parental responsibility by way of agreement or by applying to the court.

What do the courts consider for father’s child contact?

When a father has applied to the court for an order in respect of a child, the court must consider section 1 of the Children Act 1989.  This establishes the principle that the paramount consideration for the court when contemplating the child’s upbringing is the child’s welfare.

The court will have regard to the principle that any delay in determining the question is likely to prejudice the welfare of the child.

The court will presume, unless the contrary is shown, that involvement of both parents in the life of the child will further the child’s welfare.

In determining the above, the court take the welfare checklist set out at Section 1(3) of the Children Act 1989 into consideration:

• The ascertainable wishes and feelings of the child concerned (in light of their age and understanding).
• The child’s physical, emotional and educational needs.
• The likely effect on the child of any change in their circumstances;
• Any harm which the child has suffered or is at risk of suffering;
• How capable each of the child’s parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting the child’s needs;
• The range of powers available to the court

How our solicitors can support you with your father’s rights needs

Each family is unique, and our specialist family law solicitors understand that putting the needs of your child first is important.  We have in-depth knowledge and experience in advising on the legal rights of fathers and will work with you to reach the best outcome for you and your child/ren.

For further information on matters relating to children please visit our main children matters page.