Understanding Parental Responsibility

What is parental responsibility?

All mothers and most fathers have rights and responsibilities as a parent. This is a legal principle known as parental responsibility that allows a parent to share in making important life decisions for the child. This also includes the responsibility to provide a home for the child.

Who has parental responsibility?

The mother will automatically acquire parental responsibility for the child as their birth mother. Married fathers will also acquire parental responsibility automatically.

What if the father does not have parental responsibility? If not, how can they acquire it?

If the father does not acquire parental responsibility by satisfying the above grounds. They can still acquire the same by proceeding with some of the following:-

1. Unmarried fathers will acquire parental responsibility if he is registered on the child’s birth certificate. However, the father must first obtain consent from the mother.
2. If the father cannot agree on the arrangements with the mother, the Court can grant a Parental Responsibility Order which will allow the father to acquire parental This process will involve court proceedings by completing form C1. The court will base their decision by applying the welfare principle.
3. If the parents have separated and no arrangement can be made amicably, the father can also acquire parental responsibility by applying to the Court for a Child Arrangements This will involve court proceedings by completing form C100. The Court may make an order specifying which parent the child is to live with and a parental responsibility order in favour of the father.

Who else can acquire parental responsibility?

The mother and father are not the only individuals who can acquire parental responsibility for a child. Some of the following can also hold the same:

1. Step-Parents;
2. Local Authority by way of a Care Order;
3. Same-Sex Couples;
4. Guardians

How can we help?

If you require advice or assistance about your parental rights and responsibilities, please contact our Family Law Team at Bradley Haynes Law by contacting the Head of Family Law, Veronica Beard, at veronica@bradleyhayneslaw.co.uk or at 01905 900919.

Written by Haranjit Kalket