What is Parental Responsibility and who has it?

Navigating co-parenting post-separation can be complex. Family Solicitor Sarah Rose explains who holds parental responsibility and how it impacts decision-making for your child. Essential reading for parents in need of clarity on their rights and duties.

Upon a relationship breakdown, it can be difficult navigating how to make decisions about your children with your former partner. One of the first questions we will need to ask is whether both parents share parental responsibility. For most parents, this is a phrase that they have never heard of before, but it is important to understand what it means and its impact. 

Parental responsibility is defined by section 3 of the Children Act 1989 as the “rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property”. In practice this means that a parent with parental responsibility has duties and responsibilities in relation to a child such as to ensure that their wellbeing is always protected, and it provides a parent with a right to make decisions in relation to a child. If more than one person has parental responsibility for a child(ren), they must all be involved in decision making for, or on behalf of the child. Such decisions can be in relation to the day-to-day care of a child, or matters concerning their health, education, religion, etc.

Who has Parental Responsibility?

The biological mother of the child will automatically have parental responsibility upon the birth of the child. The biological father of the child will also automatically have parental responsibility if married to the mother at the time the child is born. If the parents are not married, then the biological father can acquire parental responsibility by being named as the father on the child’s birth certificate.

For same-sex partners, if one of the parents is the biological parent and they were civil partners or married at the time that the child was born, or at the time of the fertility treatment, they will both have parental responsibility.

Parental responsibility will also be automatically given to a parent that benefits from a “lives with” Child Arrangements Order in their favour.

How to obtain Parental Responsibility if you do not have it

If you do not have parental responsibility, you will be unable to make decisions regarding your child. If you are in an amicable co-parenting relationship, the parent with parental responsibility may still consult with you and/or make those decisions with you, but an issue may arise if communications or your co-parenting relationship breaks down.

Parental responsibility can be obtained by:

1. Entering into a parental responsibility agreement; or

2. Making an application to Court for parental responsibility.

When applying to Court for a Parental Responsibility Order, the Court will only grant such an order when it is in the best interests of the child to do so, and they are satisfied that making such an order is better than making no order at all. To be clear, the Court making an Order for parental responsibility does not make a person a “parent” but provides them with decision making abilities in relation to a child.

If you are connected to a child such as being their step-parent or a same sex parent, you can still seek to be a part of the decision making for a child by entering into an agreement signed by all those who hold parental responsibility, or by a Court order.

What happens if the identity of the father is disputed?

If the identity of the father is in dispute, either party can make an application to Court for a Declaration of Parentage. In accordance with section 55A of the Family Law Act 1986, a Declaration of Parentage is the ability of the Court to make “a declaration as to whether or not a person named in the application is or was the parent of another person so named”. In simple terms, a declaration of parentage is a legal document that declares a named individual as the legal parent of a child.

If granted, this will entitle the father to then make an application for parental responsibility or to make an application to re-register the child’s birth certificate to include his name as the child’s father. To be clear, a declaration of parentage does not automatically provide someone with parental responsibility.

Does parental responsibility come to an end?

In the UK, parental responsibility will usually end once the child turns 18, but this could happen earlier, if:

1. The child gets married between the ages of 16 and 18;

2. There is an adoption order put in place that will override the responsibilities of the birth parents.

Written by Sarah Rose (Solicitor)

Please contact us on 020 8290 0333 or email info@judge-priestley.co.uk if you would like more information about the issues raised in this article or any aspect of Family Law.

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