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Parental Responsibility

Who has parental responsibility for looking after children, and how to apply for parental responsibility if you were unmarried to the mother or aren't on the birth certificate.

parental responsibility

What is parental responsibility?

Parental responsibility is difficult to define, but it includes the right to make important decisions about a child’s education, religion, health care and where a child lives. If there is a dispute regarding a parental responsibility issue and the parents cannot agree then the decision is made by the court.

Who has parental responsibility?

• A mother automatically has parental responsibility;

• If the father is married to the mother at the time of the child’s birth then he will automatically have parental responsibility too;

• If a residence order is made in relation to the child then that person acquires parental responsibility e.g. a grandparent;

• An unmarried father does not have parental responsibility automatically unless the child was born after 2nd December 2016 and his name is on the child’s birth certificate.

In all other cases an unmarried father either has to enter into a parental responsibility agreement with the mother or it can be ordered by the court.

Viberts can help where there is a dispute regarding parental responsibility or and issue associated with it. We can advise you on the best way forward. Contact our family law team today on: +44 (0) 1534 888666

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