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?

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. A parent does not have to have parental responsibility in order to have contact (or residence) of a child. Similarly, a parent can be ordered to pay child maintenance even if they do not have parental responsibility.

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 2 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.

Our experienced family lawyers can advise you on mothers’ and fathers’ rights, and routes to obtaining parental responsibility including parental responsibility agreements and parental responsibility orders. We can help where there is a dispute regarding parental responsibility, or an issue associated with it.