Many parents assume that being named on a birth certificate automatically gives them the same legal responsibilities as the other parent. In some families, that will be the case, but there are circumstances in which a father or another parent may need to take additional steps.
Parental responsibility can also matter to a step-parent who has become closely involved in a child’s upbringing. Understanding who holds it, and how it can be shared, can help families make decisions with greater confidence.
What is parental responsibility?
Parental responsibility is the legal term for the rights, duties, powers and authority a parent has in relation to their child and the child’s property. In everyday life, it gives a parent a role in decisions about how their child is brought up.
The way parental responsibility is exercised will change as a child gets older; for example, a young child may need their parents to make most decisions for them, whereas a teenager’s own wishes will have greater practical importance.
Who automatically has parental responsibility?
The woman who gives birth to a child automatically has parental responsibility, and applies whether or not she is married to the child’s father.
A father will have parental responsibility automatically if he is married to, or in a civil partnership with, the child’s mother when the child is born. A child’s biological father can also acquire it by marrying or entering into a civil partnership with the mother after the birth.
An unmarried father can obtain parental responsibility by being registered as the child’s father on the birth certificate.
The position for a second female parent depends on the circumstances, including whether she is recognised as a legal parent and whether she was married to, or in a civil partnership with, the birth mother.
When might a father not have parental responsibility?
A father may not have parental responsibility if he was not married to the child’s mother and was not registered on the birth certificate. This can come as a surprise where a father has been closely involved in a child’s life and contributed towards their upbringing. It is important to understand that a father who does not have parental responsibility still has financial obligations towards his child.
If there is uncertainty, the first step is to look at the child’s birth certificate and consider whether any subsequent agreement or court order has been made. The answer may also depend on where and when the birth was registered.
How can parental responsibility be obtained?
A parent who does not already have parental responsibility may acquire it by registering or re-registering the child’s birth, depending on the circumstances. There are also two other routes such as entering a Parental Responsibility Agreement with everyone who holds parental responsibility or obtaining a Parental Responsibility Order from the court.
Other court orders can give someone parental responsibility too; for example, where a Child Arrangements Order says that a child is to live with a person who does not already have parental responsibility, that person will acquire it for as long as the relevant part of the order remains in force.
What is a Parental Responsibility Agreement?
A Parental Responsibility Agreement is a formal legal document through which a parent or step-parent can get parental responsibility without asking a judge to decide the issue. For example, an unmarried father who is not named on their child’s birth certificate can enter into a parental responsibility agreement with the child’s mother.
The agreement must be signed and witnessed at a local family court office, and two copies then sent to the Principal Registry of the Family Division in London for registration. Simply signing a letter between parents, or adding a provision to an informal parenting plan, will not have the same effect.
Once properly made, an agreement cannot normally be cancelled just because the adults later disagree. An application to the court would generally be needed to bring it to an end.
What is a Parental Responsibility Order?
A Parental Responsibility Order is made by the family court and gives parental responsibility to an eligible applicant. It may be needed when an agreement cannot be reached, or where the people concerned would prefer the court to consider the circumstances.
An order does not settle every question about the child’s upbringing, so if there is also a dispute about where the child should live or how much time they should spend with a parent, a separate order dealing with those arrangements may be needed.
What will the court consider?
Where a father applies for parental responsibility, relevant considerations include the commitment he has shown towards the child and the relationship between them. The court may also consider his reasons for making the application.
A father who has played a consistent role in his child’s life should be able to explain why formal recognition would help him support the child. However, a limited relationship will not necessarily prevent an application from succeeding, and the court will look at the reasons for that situation and what role the father proposes to play in future.
If there are allegations of domestic abuse, the court may need to understand whether giving the applicant parental responsibility could expose the child or the other parent to harm. The court will consider the evidence and the particular circumstances of the case before reaching a decision.
Can a step-parent acquire parental responsibility?
A step-parent does not automatically acquire parental responsibility simply by marrying, or entering into a civil partnership with, a child’s parent. This remains the case even where the step-parent lives with the child and takes an active part in their care.
An eligible step-parent may obtain parental responsibility through a formal agreement or a court order. Here, the step-parent must be married to, or in a civil partnership with, a parent who has parental responsibility.
Where the agreement route is used, all parents with parental responsibility must agree. If this cannot be agreed, the step-parent can apply to the court. Consider a child who lives with their mother and stepfather but also spends regular time with their father. If both parents have parental responsibility, the stepfather cannot acquire it by agreement with the mother alone. The father’s agreement would also be needed for that route, although the stepfather may ask the court to make an order if agreement is not possible.
It is important to understand that a person who lives with a parent but is not married to, or in a civil partnership with, them cannot use the step-parent agreement procedure.
Does parental responsibility mean a parent is entitled to contact or equal care?
Having parental responsibility does not automatically entitle a parent to an equal division of the child’s time, and arrangements should reflect the child’s needs and circumstances. A parent can have parental responsibility without the child living with them, and they can also have parental responsibility where contact is limited or, in some circumstances, where no contact is taking place at all.
That does not mean a parent without parental responsibility cannot seek time with their child. If suitable arrangements cannot be agreed, a parent may apply for a Child Arrangements Order to determine the matter.
Can parental responsibility be restricted or removed?
The court can restrict how parental responsibility is exercised without removing it altogether. A Prohibited Steps Order, for example, may prevent a parent from taking a particular action without the court’s permission.
This could be appropriate where there is a concern that one parent intends to remove a child from the country against the wishes of the other.
In some limited circumstances, parental responsibility acquired by a father or second female parent can be terminated by a court order. A step-parent’s parental responsibility acquired through an agreement or order can also be brought to an end by the court.
A parent cannot simply decide that the other parent has lost parental responsibility because they have separated or because the other parent has had little involvement in the child’s life.
If you would like advice on parental responsibility orders and agreements, or you are concerned about a decision affecting your child, please contact our team today. We can help you understand your position and consider the options available to your family.
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