What is parental responsibility?
Parental responsibility means you have the legal rights and responsibilities to make important decisions in relation to the child’s life.
This includes parental rights to name the child, decide where the child lives, choose where the child should be educated and agreeing to the child’s medical treatment etc.
Further information on other matters relating to children can be found on our children matters page.
Who has parental responsibility?
Parental responsibility is automatically given if you are the biological mother and if you are a married father.
A non-married father does not automatically acquire parental responsibility unless they are named on the birth certificate of the child, or they obtain a parental responsibility agreement with the mother or by getting a parental responsibility order from a court.
Same-sex partners will both have parental responsibility if they were civil partners or married at the time of the treatment, e.g fertility treatment or donor insemination.
After separation or divorce, it can feel like one parent has more power to make all the decisions however if both parents have parental responsibility they have equal rights to make these decisions.
If you have parental responsibility for a child but you do not live with them, the other parent must include you when making important decisions about the child’s live. However, it does not mean you have a right to spend time with the child.
How to get parental responsibility
If you wish to gain parental responsibility you can obtain this through signing a parental responsibility agreement by applying to the court for a parental responsibility order.
For same-sex partners who are not civil partners or married, the second parent can get parental responsibility by applying for parental responsibility if a parental agreement was made. Another option is by becoming a civil partner of the other parent and making a parental responsibility agreement or jointly registering the birth (please note that in order for this to be done the fertility treatment must have been carried out at a licenced UK clinic).
Who can apply for parental responsibility
To apply for parental responsibility you need to be connected to the child:
- Unmarried biological fathers: They can either get parental responsibility by entering into an agreement with the mother or by applying to the court.
- Grandparents: They can be appointed by a guardian, adopt the child, or be granted a ‘live with order’.
- Special guardians: they can be appointed by a court to ensure a child is looked after
- Step-parents, aunts or uncles: They would have to apply to the court for an order for parental responsibility, an order for the child to live with them, or an order for Special Guardianship.
If necessary, more than two people can have parental responsibility.
Decisions you can make with parental responsibility
All persons with parental responsibility for a child have the right and must agree upon the following:
- Move abroad with one parent
- Changing schools or decisions in respect of education
- Changing surname or forename
- Moving to a different area with one parent
- Medical decisions
If those who share parental responsibility for a child are unable to agree, they can make an application to the court in relation to a Specific Issue Order for the court to determine the outcome of the issue.
How our solicitors can support you with your parental responsibility needs
Our family law solicitors can assist with helping you acquire parental responsibility for a child. For example, in you are an unmarried father we can draft and assist on any application in relation to a Parental Responsibility Order in circumstances where there is no agreement from the mother.
Our family legal experts can also advise and assist upon exercising a parties parental responsibility and the right and duties they have. If parties are unable to agree upon a major decision relating to a child’s life, our family law solicitors can assist in trying to resolve matters and drafting an individuals applications to the court in relation to a Specific Issue Order if necessary.
