When a relationship breaks down and there are children, their future wellbeing is fundamental to any agreement or court order. When parents can’t agree where a child should live or the time the child should spend with each parent, they can apply to the court for a Child Arrangements Order to put in place living arrangements and regulate other matters relating to a child’s welfare and upbringing.
Aside from this, the question of who has parental responsibility for a child may also dictate who makes decisions about the child’s upbringing. We look at Child Arrangement Orders below. First, we explain what is meant by parental responsibility.
What Is Parental Responsibility?
Acquiring parental responsibility is different from becoming a parent (whether you are a biological or adoptive parent or have become a parent by parental order). It’s a concept that was introduced by The Children Act 1989 and gives someone all the rights, duties and responsibilities a parent of a child has in relation to the child.
You can have parental responsibility for a child without being their legal parent, and you can be the legal parent without parental responsibility.
There is no specific description in The Children Act of what rights and duties parental responsibility extends to. However courts have recognised that it includes responsibility for making decisions about the child’s education and medical care, for example.
Each person with parental responsibility can usually make everyday decisions but if there is a dispute over a major decision such as which school the child should go to, the courts may be asked to decide.
As the child gets older, the control a person with parental responsibility has over a child reduces. When the child reaches 18, parental responsibility ends.
An individual may not have parental responsibility but still have obligations towards the child. For example an unmarried father does not automatically have parental responsibility (see below) but may still be obliged to support the child financially.
Even with parental responsibility an individual has no automatic right to contact or to know where the child lives.
Who Has Parental Responsibility?
Parental responsibility is held automatically by:
- Mothers, whether married or unmarried
- Fathers who are married to the birth mother
What About Unmarried Fathers?
Fathers who aren’t married to the child’s mother can get parental responsibility by:
- Marrying the mother
- Putting their name on the birth certificate
- An agreement with the child’s mother
- Applying to court for a Parental Responsibility Order
How Do I Get Parental Responsibility?
If you don’t automatically have parental responsibility, for example you are the father but not married to the birth mother or you are a step-parent, you can acquire it through adoption, your appointment as guardian or by being named as the resident parent under a Child Arrangements Order. Separately you can apply to the court for a Parental Responsibility Order. Applications like this, if not opposed by the mother or anyone else with parental responsibility, normally proceed smoothly. However where the applicant’s motivation for seeking parental responsibility is in question, the request may be refused.
Does A Grandparent Who Cares For A Child Have Parental Responsibility?
Grandparents do not have any special standing when it comes to parental responsibility and should obtain a Child Arrangements Order or a Special Guardianship Order, both of which grant parental responsibility.
How Do Step-Parents Get Parental Responsibility?
Step-parents may assume parental responsibility if everyone else with parental responsibility agrees. If there is no agreement a step-parent can apply for a court order. They must be married to one of the parents.
Can I Lose Parental Responsibility?
Someone with automatic parental responsibility will only lose it in extremely limited ways. These are:
- When a child is adopted or is the subject of a parental order following surrogacy the birth mother will lose parental responsibility. (She also loses her status as a legal parent)
- A father with parental responsibility because he was married to the child’s mother also loses responsibility in the above circumstances.
Where parental responsibility was not acquired automatically but through a court order, the court may also limit or remove it entirely. It will only do so in extreme circumstances however, for example in cases of serious harm, abuse, or neglect –and only when it is in the child’s best interests.
Finally, the Victims and Courts Bill 2025 contains a provision to restrict parental responsibility where someone is sentenced to four or more years of imprisonment for a serious sexual offence against a child for whom they hold parental responsibility.
What Is A Child Arrangements Order?
Child Arrangement Orders replaced Residence and Contact Order in 2014. The change was seen as an attempt to move towards an even more child-centric focus when there are disputes about child arrangements, and to move away from the old notions of parental rights and ‘custody’ in child law matters.
Child Arrangement Orders and related matters are made under s8 of The Children Act. A family court judge examines all relevant issues and circumstances and sets out living arrangements for children when their parents or guardians are unable to reach agreement. The types of order available are:
- Child Arrangements Orders, which can be either:
- A ‘live with’ order – setting out who a child is to live with, spend time with or otherwise have contact with; or
- A ‘spend time with’ order – setting out when a child is to live, spend time with or otherwise have contact with another person
- Specific Issue Orders – imposing certain conditions in relation to aspects of the child’s upbringing, including religion and education
- Prohibited StepsOrders– stipulating that certain things cannot be done. These are commonly used to prevent a child being removed from the country
We explain more about Child Arrangement Orders here.
Is A Court Order Necessary?
Parents and guardians only use the court when they cannot agree child living arrangements between themselves. And a mediation meeting (MIAM) is required before any court application. If you do reach agreement before court, it is advisable to get a solicitor to draft a Consent Order for the court to approve.
Who Can Apply For A Child Arrangements Order?
A child’s mother or father may apply directly to the court for an order as well as anyone with parental responsibility. Other individuals, including grandparents and step-parents who have obtained parental responsibility must first ask the court for permission to apply for an order.
What Factors Does The Court Consider Before Deciding On Child Arrangements?
The important thing to remember is that the welfare of the child is the court’s paramount concern. It will not make an order it does not believe to be in the child’s interest. Judges use the so-called ‘welfare checklist’ contained in s1 of The Children Act. They will therefore consider matters such as:
- The child’s feelings and wishes, taking into account age and understanding
- Educational and emotional needs
- Potential risk to the child
- The extent to which parents can meet the child’s needs
- The likely effect of any change in circumstances
- The child’s age, sex and background
Do I Need A Solicitor To Obtain Parental Responsibility Or A Child Arrangements Order?
Legal representation is not essential to obtain this type of court order. However disputes over childcare can become emotionally difficult. It is not always easy to separate personal feelings from the practicalities of the case. An experienced family law solicitor can assist in preparing your case and speak for you in court. He or she may also be able to help you find agreement without going to court.