What is parental responsibility?
Outlined in the Children Act 1989, which you can read more about here, parental responsibility is defined as:
“All the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.”
To summarise, parental responsibility refers to the legal rights and duties that require and enable parents to make appropriate decisions about their child’s upbringing.
It includes making a parent responsible for their child’s:
- Schooling and education
- Welfare
- Discipline
- Medical treatment
- Religion
- Name – choosing, registering or changing
- Living arrangements
- Travel abroad – holidays or relocation
Who has parental responsibility?
Parental responsibility varies greatly depending on the couple’s circumstances.
All birth mothers automatically have parental responsibility.
With unmarried parents or those who are not in a civil partnership, the father of a child only has automatic parental responsibility if they are named on the birth certificate.
Fathers who do not have automatic parental responsibility can get it by jointly registering the child’s birth or being named on a legally binding parental responsibility agreement. The court can also award parental responsibility via a parental responsibility order, a residence order (if before 22 April 2014) or being named as the resident parent on a child arrangements order.
Same-sex couples who are married or in a civil partnership have parental responsibility if they were a couple in the eyes of the law at the time of receiving fertility treatment or donor insemination. If you were not in a civil partnership or marriage at this time, the second parent can apply for parental responsibility.
Stepfathers, stepmothers, grandparents, family members and carers do not have automatic parental responsibility, but:
- Stepparents can gain parental responsibility through a parental responsibility agreement, applying for a parental responsibility order from the court or adopting the child
- Others can gain parental responsibility by getting a child arrangements order, being appointed as a guardian or special guardian, or adopting the child
Does a parent without parental responsibility have to pay maintenance?
In law, parental responsibility and child maintenance are treated separately. Regardless of their relationship with the child or their mother, a father with or without parental responsibility must support his child. He also has the right to apply for court orders (as outlined above) and apply for reasonable contact with his child if they have entered the care system.
What happens if parents can’t agree on important matters?
Major decisions regarding a child, such as changing their name, moving abroad or putting them up for adoption, must be agreed upon in writing by all those with parental responsibility.
If disagreements occur, we recommend family mediation. This is where future-focussed conversations are facilitated by a neutral party and the parents are encouraged to consider the best interests of the child. Mediation may be held separately, together or be a combination of both.
If an amicable decision cannot be reached, either parent, with or without parental responsibility, can apply to the court for:
- A prohibited steps order which stops the other person from making decisions about the child
- A specific issue order for a particular dispute, such as the child’s school or religion
A court order means a judge makes the decision for the parents based on what they consider to be the best course of action for the child.
Parental responsibility for separated couples
Where a relationship breaks down and only the mother has parental responsibility, she automatically has the right for the child to remain with her. The father or the partner of either parent has no rights without a parental agreement (where married) or court order.
If you apply for a court order, you will need to prove that you are committed to the child, that a degree of attachment exists between you, and that the application is in the best interests of the child.
How long does a parent legally have parental responsibility?
Parents have parental responsibility until the child reaches the age of 18, is adopted, or if a court order prohibits it.
How can AGR Law help?
Our experienced team supports parents in all matters relating to parental responsibility, including prohibited steps orders, specific issue orders, adoption, guardianship, name changes and more.
Email us on hello@agrlaw.co.uk or call 0116 340 0094 to find out more.