Understanding parental responsibility - what is it, who can have it and how to exercise it responsibly

What is Parental Responsibility?

Parental responsibility is a key concept in family law in England and Wales, referring to the legal rights, duties, and responsibilities that a parent has towards their child. In essence, it defines who has the legal authority to make major decisions about a child's welfare. These decisions may involve anything from choosing the school the child will attend to making medical decisions or even relocation and religious upbringing. Parental responsibility does not automatically entitle those who hold parental responsibility to contact with the child. However, others who hold parental responsibility must included you when making important decisions about the child’s lives. 

Who has Parental Responsibility?

1. Mothers: Under the law in England and Wales, mothers automatically have parental responsibility from birth, regardless of their marital status or relationship with the father

    

2. Fathers:
   • Married Fathers: Fathers who are married to the child’s mother at the time of the child’s birth automatically have parental responsibility

   • Unmarried Fathers: An unmarried father will only automatically acquire parental responsibility if he is named on the child’s birth certificate (since December 2003). If the father is not named on the birth certificate, he can obtain parental responsibility through a formal agreement with the mother, subsequently marrying the child’s mother or by applying to the court

      

3. Other Individuals:
   • Step-Parents: A step-parent can acquire parental responsibility they enter into a formal parental responsibility agreement with the mother and father, acquire by court under an adoption order or a lives with order
   • Guardians: In some cases, individuals who have been appointed as a child’s guardian can hold parental responsibility, especially if the child’s parents are unable to care for them

Whether the parent hold parental responsibility or not, parents still have to ensure that their child is supported financially. 

Exercising Parental Responsibility

Parental responsibility is generally shared between parents, whether they are together or separated. If parents are divorced or not living together, both parents may continue to share responsibility for decisions regarding their child’s upbringing. However, disagreements between parents can sometimes lead to disputes over what is in the child's best interest and these lead to Specific Issue Orders and Prohibited Steps Orders.

• Specific Issue Orders – an application brought but persons who holds parental responsibility where disagreement has arisen and the parties need the court to make a determination on what is in the Child’s best interest. E.g. if the child is in need of medical intervention and a person with parental responsibility is refusing to give consent
• Prohibited Steps Orders – an application brought by one person who holds parental responsibility to prevent the other person from doing something in relation to the upbringings of the child. For example, to prevent one parent from making a solo application to change the child’s school

If you are experiencing difficulties in reaching an agreement as to the important decisions in your child(ren)’s lives, please contact Amy Barnard in the Family Team on 020 8290 0440.