Parental responsibility refers to the rights and duties you have in respect of your child or a child that you care for. Not every parent has parental responsibility, but in some cases, it can be given to someone by an order of the court or with the consent of a parent.
What is parental responsibility?
Parental responsibility is the legal requirement to provide for a child’s needs and make decisions on their behalf, and in their best interests. It refers to the rights, duties, responsibilities and authority that a parent has regarding their child and the child’s property. This includes providing a secure home and protecting, maintaining and caring for the child.
Decisions that someone with parental responsibility is entitled to make include:
- Naming the child
- Choosing the child’s school
- Choosing the child’s religion
- Making decisions as to what medical treatment they will receive
- Discipline
- Taking the child overseas
- Choosing a legal guardian for the child
Who has parental responsibility?
The following individuals automatically have parental responsibility:
- The child’s birth mother
- A father who is married to the mother or in a civil partnership with her at the time of the birth
- Unmarried fathers who are named as the child’s father on the birth certificate
- Anyone who is granted an adoption order
It is open to certain other individuals to acquire parental responsibility, for example, a step-parent, a new partner, or a father who is not named on the birth certificate. This could be done with the consent of the child’s parent or parents, who would need to sign a parental responsibility agreement. Alternatively, the court can be asked to grant a parental responsibility order.
Can a father lose parental responsibility?
Parental responsibility can only be ended by the court, which is very rarely ordered. It would only be considered where the behaviour of the parent in question poses a threat to the child or where the parent had become estranged from the child.
Where a father was married to the child’s mother, the court cannot remove parental responsibility but it can limit it to protect the child if necessary.
For more information, see our guide to father's rights in the UK.
Step-parent parental responsibility
Step-parents do not automatically receive parental responsibility on marrying a child’s parent, and so if they want the legal right to make decisions on behalf of the child, they will need to obtain this in one of the following ways:
- The child’s parents or other individuals who have parental responsibility could sign a parental responsibility agreement consenting to the step-parent taking on this role
- The court could be asked to make a parental responsibility order granting this right to the step-parent
- The court may make a child arrangements order which states that the child should live with the step-parent and that they will take on parental responsibility
- The step-parent can adopt the child, which will automatically give them parental responsibility.
What to do if you do not have parental responsibility
If you cannot reach an agreement with your child’s parent over parental responsibility, you may be able to ask the court to make an order granting this to you.
You may still be entitled to be consulted about certain decisions in respect of your child, even if you do not have parental responsibility, for example, taking a child out of the country. You will also generally have the right to have a meaningful relationship with your child by way of contact and other forms of involvement in their life.
For more information about maintaining a relationship with your child, see our page relating to child arrangements.
Contact our expert parental responsibility solicitors
If you have questions regarding your rights and responsibilities in respect of your child during and after the breakdown of a relationship, our family law team have extensive child law experience and can provide advice and guidance, including applying for parental responsibility on your behalf, where appropriate.
If you would like to discuss parental responsibility with an expert family lawyer, please email us at info@witansolicitors.co.uk or fill in our contact form. We have offices in Birmingham, London and Northampton.
FAQ
What is a parental responsibility order?
A parental responsibility order is an order made by the court granting someone parental responsibility in respect of a child. It is commonly requested by fathers who do not automatically have parental responsibility.
What is a parental responsibility agreement?
A parental responsibility agreement can be signed by a child’s mother granting parental responsibility to a father who does not automatically have this. Legal advice should be taken before signing a parental responsibility agreement, which will then need to be registered with the Central Family Court.
When does parental responsibility end in the UK?
Parental responsibility ends at the age of 18 in the UK and from then on the individual is entitled to make their own decisions.
How do I know if I have parental responsibility?
If you are a child’s birth mother or married to her at the time of the birth, you automatically have parental responsibility.
If you are a father who is not married to the child’s mother, you will need to check whether your name is on the birth certificate. If it is, you have parental responsibility. If it is not, then you do not.
I have parental responsibility. What are my rights?
As well as the rights referred to above, someone with parental responsibility should be consulted in respect of some decisions taken on behalf of the child, including:
- Which school the child will go to
- Scheduling where the child will spend time during the school holidays
- Planned medical treatment or dental treatment
- Ending medical treatment
- At what age the child will be allowed to watch age-rated films, such as over-12 films
Parents with parental responsibility should be informed of certain other decisions, although they do not need to be consulted, including:
- Planned GP appointments
- Holidays, including taking a child overseas during that parent’s contact time
- Emergency medical treatment
How to apply for parental responsibility?
If you wish to apply for parental responsibility, for example, if you are the child’s father, stepfather or second female parent, you will need to ask the court for an order. This starts with filling in application form C1.
What is a child arrangement order and how does it affect parental responsibility?
When someone is named in a child arrangement order, they will share parental responsibility with the child’s parents, meaning they have the right to make decisions on behalf of the child.
Do I have to be listed on the birth certificate to have parental responsibility?
You do not have to be named on a child’s birth certificate to have parental responsibility, but if you are not named, then unless you were married to the child’s mother at the time of the birth you will not automatically receive it. This means that you will need to obtain it either by way of a parental responsibility agreement or by order of the court.
What is joint/shared parental responsibility?
Joint or shared parental responsibility is when more than one person has parental responsibility for a child. This means that they will need to inform and consult each other in respect of certain decisions, as above.
What is an interim care order?
An interim care order will grant the local authority parental responsibility in respect of a child alongside the child’s parent(s). This means that the local authority will be responsible for the child’s welfare, including care and accommodation.
What document is proof of parental responsibility?
A child’s birth certificate will prove parental responsibility for the child’s birth mother and an unmarried father. A marriage certificate will also be necessary for a married father who is not named on the birth certificate.
Other individuals would need a properly drafted and executed parental responsibility agreement which would need to be witnessed by someone at the family court and registered with the Central Family Court in London. The Central Family Court will stamp two copies of the agreement and send them back to each parent.
How does parental responsibility affect school choice?
Individuals who have parental responsibility for a child are entitled to be consulted in respect of which school a child goes to. If an agreement cannot be reached, the next step is to seek legal advice to try and resolve matters.
