Parental Responsibility

These are the types of questions our specialist family lawyers can answer to help you understand what parental responsibility is and to reach an agreement on parenting, residence and contact arrangements for your children.

Initial Discussion

This summary provides general information and does not constitute legal advice on any individual circumstances.
For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134 or email us at enquiries@fullersfamilylaw.com and a member of our team will get back to you.

What is Parental Responsibility?

Parental responsibility is a legal concept. The law defines what parental responsibility is and who has it. Parental responsibility can be shared between several individuals, such as parents, carers who have obtained a child arrangement order, and even an organisation such as a local authority with a care order over a child.

If you have parental responsibility for a child, you:

• Have a say in how the child should be brought up
• Can make parenting decisions
• Have a right to information, such as medical information or school reports
• Have a right to be told about court proceedings concerning the child and to play a part in them

Some biological fathers do not automatically have parental responsibility for their children. A father can get parental responsibility by agreement or by court order.

Even without parental responsibility for their child, a father can apply for a child arrangement order for their child to live with them or to have contact. Whether or not a parent has parental responsibility or has contact with their child, they are still obliged to financially support their child if the Child Maintenance Service makes a child support assessment or if the court orders child maintenance.

Who has Automatic Parental Responsibility for a Child?

A person automatically has parental responsibility for a child if they are:

• The biological birth mother
• The biological father provided he is or was married to the child’s mother
• The unmarried biological father of a child who was born after 1 December 2003 if the father is named on the child’s birth certificate

Applying for Parental Responsibility

If you are a child’s father or you are looking after a child as a step-parent or a grandparent or other extended family, our expert family and children law solicitors can advise you on how best to secure parental responsibility by agreement or court order.

Our solicitors can guide and represent you through the application process and advise if you need to apply for any supplemental orders. These can include a child arrangement order, specific issue order, or special guardianship order, depending on your relationship with the child and your circumstances.

Sharing Parental Responsibility

Many parents share parental responsibility for their child with the other parent, step-parent or extended family where the child is, for example, living with a grandparent under a child arrangement order.

When parental responsibility is shared there will inevitably be times when you cannot agree on a major parenting decision. Examples of major decisions include:

• Medical treatment and vaccinations
• Choice of school
• Religious faith and observances
• Change of gender identity
• Changing first name or surname
• Moving overseas with one parent

If you share parental responsibility with others and you cannot reach an agreement on a major parenting decision, then one of you can apply to the court to ask the court to decide what is in your child’s best interests by making a specific issue order.

Early legal advice can help you reach an agreement over parenting decisions through legal guidance or help you reach a compromise using family mediation.

Our family law solicitors can help answer your questions on parental responsibility and provide legal advice to help you negotiate an agreement or represent you in court proceedings to ensure your views are heard on any aspect of your child’s upbringing.