Parental Responsibility

The other parent with parental responsibility must include you when making important decisions about the child’s life. You’re also responsible for issues such as:

• Where your child goes to school
• Agreeing medical treatment
• Choosing, registering or changing your child’s name
• Changes to religion

All mothers automatically have parental responsibility. A father usually does if he is either married to the child’s mother or listed on the birth certificate.

If you do not have parental responsibility as a father, you can acquire this by:

• Entering into a parental responsibility agreement with the mother
• You can apply to the family court for a parental responsibility order
• Jointly registering the child’s birth with the mother (from 1 December 2003)

A family solicitor can help advise you on whether you have parental responsibility and, if not, what steps you need to take to acquire it. Equally, there can be good reasons why a parent should not have parental responsibility for a child and a children lawyer can help you with this and your options.

You do not lose parental responsibility if you separate or divorce.

Same-sex partners will both have parental responsibility if they were civil partners at the time of the treatment, eg donor insemination or fertility treatment.

For same-sex partners who are not civil partners, the second parent can get parental responsibility by either:

• Applying for parental responsibility if a parental agreement was made
• Becoming a civil partner of the other parent and making a parental responsibility agreement or jointly registering the birth

You do not always need to get the consent of the other parent for routine decisions, even if they also have parental responsibility.

Taking your child to the doctor because they have a cold maybe been deemed routine but unilaterally stopping prescribed mediation is likely to be something the other parent should be informed about.

Very important decisions, for example, to relocate overseas with your child  is an important issue relating to parental responsibility and both parents must agree, ideally in writing.

If you are unable to reach an agreement then you have the option to apply for a specific issue order and/or a prohibited steps order.  These are called section 8 orders and a judge will make a decision in the best interests of the child.

It is also possible for parents to attend mediation to help communication between you and to reach an agreement about decisions concerning your child.

All mothers have parental responsibility.

If you are not the mother, you can apply to the family court to obtain a parental responsibility order or agreement. You need to be connected to the child, for example as their:

• Father
• Step-parent
• Second female parent.

As an alternative to court, you can enter into a parental responsibility agreement. There are different forms, for example, for a father compared to a step-parent. A family solicitor can help you with this and what steps need to be taken.

More than two people can have parental responsibility for the same child.

Other carers who are not parents

Grandparents, family members and other carers can obtain parental responsibility by:

• A child arrangements order which names them as the person the child lives with
• Becoming a special guardian – this is someone who will share parental responsibility with the child’s birth parents but can make most decisions without their agreement
• Adopting the child – adoptive parents automatically obtain parental responsibility and the birth parents lose parental responsibility

If you are not able to see your child you can apply to the family court for a child arrangements order.

If you are the father, for example, it does not matter if you have parental responsibility or not. The judge shall still consider the welfare of your child and make a decision in their best interests.

We are specialists in family and children law. We have a dedicated team of solicitors who can help advise you and what steps you need to take. There are often other issues to consider, to include the living arrangements for your child, shared care or the time your child will spend with each parents. We are here to help advise and guide you. We offer a fixed fee first consultation and will consider all options with you and to answer any questions you may have.