Understanding Parental Responsibility
Our Child Law team has decades of experience helping parents to understand and meet their legal responsibilities, and to support clients through the legal processes that enforce them. We are here to help you.
It can be daunting to fully understand your responsibilities and rights as a parent, and it is important to have someone you trust to advise you in your own particular situation and how the law applies to you and your family.
When it comes to a child’s health and safety, the law aims to ensure that those responsible must meet their duties. If they fail to do so, it is possible that responsibility can be transferred to another family member as part of a Parental Responsibility Agreement, such as an unmarried father, a step-parent, or a grandparent. While parental responsibility can be obtained, it can also be revoked or restricted by the Family Court in rare and exceptional circumstances.
If you have parental responsibility, it’s your duty to meet the child’s needs. If you’re seeking to obtain parental responsibility or if your existing responsibility is being challenged, our team of expert child law solicitors can guide you through the necessary process.
At Ramsdens, we prioritise the child’s needs in all cases. We ensure their health and welfare are safeguarded and guide you through any court proceedings or Child Arrangement Orders mandated by the court.
What is a Parental Responsibility Agreement?
Under UK law, the biological mother automatically has parental responsibility for her child, as does a father named on the child’s birth certificate or who is married to the mother. Unmarried partners of the mother, or grandparents, must reach a Parental Responsibility Agreement or acquire a Court Order.
How to apply for parental responsibility
To obtain parental responsibility, you must meet certain requirements, and all current holders of parental responsibility must agree, or the court will decide. Different applications and forms are required for different situations, so it’s important to seek legal advice to ensure you use the correct form and follow the proper process. Sometimes, applying for parental responsibility is part of broader Family Court proceedings.
What if the other parent disagrees?
If another parent disagrees with your request for parental responsibility, you can apply for a Parental Responsibility Order. The Family Court will decide based on your relationship with the child and the specific circumstances. If there’s disagreement over a specific aspect of the agreement, you can apply for a Court Order to resolve the issue through hearings or mediation.
Frequently asked questions
Automatically:
- Biological mothers
- Fathers or second mothers in a civil relationship with the biological mother
Not automatically:
- Fathers or second mothers not in a civil relationship with the biological mother or not named on the birth certificate
- Step-parents
- Grandparents
Parental rights, or parental responsibility, mean having the authority to make decisions about a child’s health and upbringing, and the duty to make decisions that positively impact the child’s life.
Parental responsibility ends when the child turns 18. However, if a parent fails to care for the child properly, the local authority or social services may ask the court to restrict or remove their parental responsibility, or to share it to make decisions for the child’s welfare.
A Prohibited Steps Order limits a parent’s ability to make certain decisions about their child, like education or healthcare. These orders are made with the child’s best interests in mind and last as long as the court deems necessary.
