Parental responsibility refers to all of the legal rights, duties, powers, responsibilities and authority that a parent has for their child. Parental rights form part of parental responsibility and include the right for parents to have a say over important life decisions relating to their children. As such, parental rights and parental responsibility are related and not seen as two separate legal concepts. It is possible for a person who is not the child’s parent to have parental responsibility, in which case they “stand in the shoes” of the parent (e.g. in the case of adoption and guardianship).
In practical terms, having parental responsibility and rights means that a parent has a legal duty to provide their child with a home and protection. It also means that the parent is legally required to:
- Look after and provide the necessary resources for their child
- Discipline their child
- Make decisions regarding and provide their child with an education
- Make decisions on their child’s medical treatment
- Give their child a name
- Agree on any change of name
- Looking after their child’s property
The law also states that parents must provide appropriate financial support for their children regardless of whether they have parental responsibility or not.
A birth certificate showing the name of the parent can be used as proof of parental responsibility. In the absence of a birth certificate, parental responsibility may be proven by showing a letter of consent signed and dated by the child’s parent.
Who has parental responsibilities and rights?
The mother of a child will always have parental responsibility and rights towards their child, in accordance with Section 2 of the Children Act 1989. Where parents are married, or in a civil partnership, both will automatically have parental responsibility and rights. If the child’s parents are not married, only the mother will have automatic parental responsibility; however, the father can acquire parental responsibility by entering into a parental responsibility agreement with the mother or obtaining a court order.
It is also possible for others to apply for and gain parental responsibility, including step-parents, adoptive parents, guardians, and those named in a child arrangement order (CAO) as someone who the child should live with. In some circumstances, a local authority may have parental responsibility for a child. In addition, a person may be given temporary parental responsibility if they obtain an emergency protection order from the court if there is a need to protect the child from significant harm.
When it comes to parental rights and responsibility, it is important to note that there are some differences in the law between England and Wales, Scotland or Northern Ireland. As such, it is always important to seek legal advice that is relevant to the legal jurisdiction in which you live.
Who has parental responsibility after divorce?
Following a divorce, both parents continue to have parental responsibility for their children. Parental rights and responsibility are not lost in the event of parental separation.
Who has parental responsibility in a child arrangement order?
Anyone who is named in a child arrangement order as a person who a child should live with will have parental responsibility for that child. This is only the case while the child arrangement order remains in force.
Who has parental responsibility with unmarried parents?
Where the parents of a child are not married, the mother automatically has parental responsibility from birth; the father does not. The father will, however, have parental responsibility if they are named on the child’s birth certificate.
Who has parental responsibility for same-sex parents?
In the case of same-sex parents (where one is the child’s natural parent), both will have parental responsibility as long as they were in a civil partnership before any donor insemination or IVF commenced. The mother who carried the child will have automatic parental responsibility. The second mother will also have parental responsibility if they are named on the child’s birth certificate.
Can a step-parent have parental responsibility?
Yes, a step-parent can gain parental responsibility if they get married to or enter into a civil partnership with the parent of the child who has parental responsibility. In this case, they must also enter into a Parental Responsibility Agreement in place with the child’s parent or obtain a court order.
How to apply for parental responsibility
Fathers, step-parents, and second mothers can apply to the court for parental responsibility. The steps you will need to take will depend on whether the mother agrees or not, as follows:
Steps if the mother agrees
- Complete a Parental Responsibility Agreement – The form you will need to use depends on your relationship to the child
- Have the Parental Responsibility Agreement form signed and witnessed at your local family court – you will need to take any relevant documents with you, such as the child’s birth certificate.
- Send the Parental Responsibility Agreement form to the Central Family Court, who will ensure it is formally recorded.
Steps if the mother does not agree
- Attend a Mediation Information and Assessment Meeting (MIAM) – this is a mandatory step that must be completed before you can apply to the court for an order. A trained mediator will explore whether a resolution to the matter can be found outside of court and whether mediation is appropriate in the circumstances. You will need to complete Form FM1: Family mediation information and assessment meeting form.
- If mediation is not appropriate or does not bring about a resolution, complete Form C1 – Apply for certain orders under the Children Act 1989.
- Sign and date the form and attach the required fee (currently £232).
- Take the form and any necessary documents to your local family court.
- The court will send a “Notice of Proceedings” and confirm the date/place of your first hearing (First Hearing Dispute Resolution Appointment).
- Dispute Resolution Appointments – if the matter could not be resolved at the first appointment.
- Final hearing – if you still cannot reach an agreement, a final hearing will be arranged where the court will hear any evidence and make a decision.
What is a parental responsibility order?
A Parental Responsibility Order is granted by the courts and formally gives parental responsibility to a father, step-parent, or second mother. You will only need to apply for a parental responsibility order if you cannot reach an agreement with the child’s mother.
Can parental responsibility be removed?
Parental responsibility cannot be taken away from a biological mother. Typically, the only circumstances where a mother may lose their parental responsibility is following adoption or surrogacy. Likewise, the courts will not take parental responsibility from a married father, even if they have separated from the mother, moved away from the child, do not see their child on a regular basis, do not pay child maintenance, or have committed a criminal offence.
Another option is to restrict (rather than remove) parental responsibility. Restricting parental responsibility involves removing some of the rights that a parent has in relation to their child. The court can issue a prohibited steps order in accordance with Section 8 of the Childrens Act 1989, which can limit a parent from exercising some of their parental rights. This may include prohibiting them from taking the child out of the country or removing them from their school.
Parental responsibility may be removed from an unmarried father by the courts, but only if they pose a serious risk of harm to the child or they are withholding medical treatment and it is in the child’s best interests to do so.