Parental Rights & Responsibility

Parental responsibility is a legal term that describes the rights and obligations a parent has towards their child. This covers issues such as education, health care and welfare. Mothers automatically have parental responsibility. Fathers have it if they are named on the birth certificate, or if they are married to the mother. If not, they can acquire it by agreement, or with a court order.

In very few cases and only where there is a serious risk to the child, a parent’s responsibility can be removed. The courts are generally keen to safeguard parental involvement in a child’s life, where it is safe and appropriate to do so. We can advise you if you think your circumstances may be exceptional enough to warrant this.

Yes, major decisions such as schooling, medical treatment, or changing a child’s surname generally require agreement from both parents with parental responsibility. Day-to-day decisions can be made independently. If agreement cannot be reached, a Specific Issue Order may be needed. Contact us in London, Manchester or Birmingham to make updates quickly and securely with professional advice.

On very rare occasions, where the involvement of a parent would be to the detriment or disruption of the child’s overall wellbeing, the court can be asked to restrict this. Orders can be sought to remove their rights to make decisions, or in other ways define how a parent should exercise their responsibilities. These are very serious measures and would only be used in the interests of the child.

Unmarried fathers now have straightforward routes to obtaining parental responsibility, particularly if they are named on the birth certificate. This gives them equal status with the mother in making key decisions for the child. We can help with agreements, written statements or court applications, if necessary.