The term parental responsibility is often thought of as a measure of a parent’s rights over their child when it is better thought of as their duties and responsibilities towards the child.

Whilst day-to-day decisions in respect of a child should be made by the parent or other person, with whom the child lives important decisions about a child need to involve everyone with parental responsibility.

If you are the mother of a child then you automatically have parental responsibility for that child.

If you are a father who is married to or in a civil partnership with the mother then you will automatically have parental responsibility.  This is not lost if you divorce or, where you are in a civil partnership, that partnership is dissolved.

Second female parents will sometimes have parental responsibility.  If you are a second female parent who was married to, or in a civil partnership, with the child’s biological mother at the time of conception you will automatically have parental responsibility.   However, if conception was the result of sexual intercourse or you did not consent to the conception by the biological mother then you will not have parental responsibility.

If you are a father who was not married to, or in a civil partnership with, the child’s mother then you will not automatically have parental responsibility.

Stepfathers and stepmothers do not automatically have parental responsibility.  Nor do grandparents.

It is possible to acquire parental responsibility.  If you are a father who is not married to, or in a civil partnership with, the child’s mother can obtain parental responsibility by:

• marrying or entering into a civil partnership with the mother;
• having your name registered or re-registered on the child’s birth certificate if your name is not already registered;
• entering into a parental responsibility agreement with the child’s mother;
• obtaining a parental responsibility order from the court;
• being named as the resident parent under a child arrangements order;

If you have parental responsibility then in practice this means that you should have a voice in making important decision about such things as:

• which school the child should attend;
• choosing, registering or changing the child’s name;
• who should care for the child if its parents or current carer can no longer do so;
• consenting to medical treatment including operations;
• accessing a child’s medical records;
• taking the child abroad for holidays or other reasons;
• representing the child in legal proceedings;
• determining the child’s religion

In most cases, decisions can be taken by one parental responsibility holder.  For example, a school may only need consent from one person with parental responsibility to take the child on a school trip. If the other parent strongly objects, they could seek an order from the court called a prohibited steps order to prevent this from happening.  The court will consider what is in the child’s best interests before deciding what should happen.

Where there is a major decision to be made about the child’s life, all those with parental responsibility will need to agree. For example, if one parent wants to change the name of the child, move abroad with the child, or have the child put up for adoption, all those with parental responsibility must agree.

Just because you do not have parental responsibility does not mean that you do not have rights and responsibilities in respect of that child.

An unmarried father without parental responsibility has, for example:

• an automatic right to apply to the court for certain court orders in respect to his child; and
• a right to have reasonable contact with his child if the child is in the care of the local authority.

An unmarried father who does not have parental responsibility still has a duty towards his child to provide child support maintenance.

Parental responsibility cannot be transferred to another person.  Although it is possible to delegate responsibility for child care to someone else, such as a teacher or childminder, if you have parental responsibility then you remain liable and responsible for ensuring that proper arrangements are made for the child.

Temporary carers will not have parental responsibility but are able to do what is reasonable in all circumstances to properly care for the child.  The fact that they did not have parental responsibility would not, for example, prevent them consenting to life-saving surgery.

A parental responsibility agreement is a way of acquiring parental responsibility without having to make an application to the court.  It is an agreement made between a child’s mother and the father who are not married or in a civil partnership in order to allow him to have parental responsibility for the child.  Since it is an agreement both parents have to agree to the father acquiring parental responsibility.  This is often the best solution when the parents’ relationship is good.

It is, however, possible to apply to the court for a parental responsibility order if the child’s mother is not willing to enter into an agreement.  A father can apply for an order if he is not married or in a civil partnership with the child’s mother and the mother refuses to allow the father to be registered or re-registered on the birth certificate or refuses to sign a parental responsibility agreement with him.

Before making an order, the court will consider

• The father’s degree of commitment to the child;
• The state of the father’s current relationship with the child;
• The reason for making the application.

It is also possible to apply for an order called a specific issue order.  This is usually done when the parents, or other people with parental responsibility, cannot agree what should happen to the child.  For example, the child’s parents might not be able agree which school the child should attend.  A specific issue application is an application asking the court to make that decision instead.  The court will consider the parents’ views and then make a decision based on whatever it thinks is in the child’s best interests.

If you need assistance with parental responsibility or any other family law issue then our experienced and expert team of family lawyers are ready and able to help you.