Parental responsibility is a cornerstone of family law but many parents themselves are unsure about its scope and meaning. In this article, we look at what parental responsibility entails, who holds it and why it matters.
What is Parental Responsibility (PR)?
PR is a legal concept granting a person the authority to make decisions about a child’s welfare and upbringing. These responsibilities include decisions about their schooling, medical treatment, religion and cultural upbringing.
It is important to note that PR is about the best interests of a child – not the parent. Having PR does not automatically entitle a parent to spend time with their child. That is a separate legal issue.
Who has PR?
The Children Act 1989 sets out guidelines on who can have PR. In most circumstances, it will be the parents of a child but other individuals can obtain PR in certain circumstances.
Biological mothers – the biological mother of a child will automatically have parental responsibility from birth regardless of their marital status or relationship with the father.
Biological fathers – the rules for fathers will depend on their marital status at the time a child is born. If they were married to the mother, they will automatically have PR.
If the mother and father are not married, the father can obtain PR by being named on the child’s birth certificate. In some cases, a father may need to enter a Parental Responsibility Agreement with the mother or if that cannot be agreed, ask the court to make a Parental Responsibility Order. Usually a simple DNA test is completed to confirm parentage.
Same-Sex couples – PR for same-sex couples will usually depend on their marital status and the circumstances of the child’s birth or adoption.
If the biological mother is married or in a civil partnership, their wife will automatically share PR.
Where a couple are not married or civil partners, PR is usually assumed when the child’s birth is registered or via legal agreements, adoption or court orders. For example, in cases of sperm donation, PR should be addressed as part of the legal paperwork completed.
Step-parents and guardians – Step-parents don’t automatically gain PR but they can obtain it via an agreement or by applying to the court.
Guardians are usually appointed in a Will and will assume the PR of the deceased parent.
How do you get PR?
As above, you can gain PR by virtue of your relationship with the biological mother or by way of a court order. It is best to seek the advice of a family law specialist to understand if you have PR or how to acquire it as it is so dependent on your individual circumstances.
Can you remove a person’s PR?
A court can remove PR in extreme cases. Usually, as a result of abuse or neglect whereby a child is taken into the care of the local authority.
In May 2024, Jade’s Law was introduced which suspends a person’s PR if they are convicted of killing someone they have children with. You can read our article here which sets out more detail about Jade’s Law.
PR may also be removed in circumstances where a person named on a child’s birth certificate is not their biological father. For example, if the mother put a new partner on the birth certificate, their PR could be removed by the court if the biological father sought to do so.
It is important to note that PR is unlikely to be removed simply because a child does not spend time with a parent.
Why is PR important?
If you hold PR for a child, you have a right to be involved in decisions affecting their welfare. Primarily, the most important roles are to provide a home and maintain a child.
If you need to seek the intervention of the court it is also important to know if you have PR. If you don’t, you would need to ask the court for permission to make an application.
How can we help?
Parental responsibility can be a complex area of the law. Whether you’re seeking to establish, share, or understand your parental responsibilities, our team of family law specialists is here to guide you.
Contact us using the links below to arrange an appointment.
