What parental responsibility means in England and Wales, who has it automatically, how to acquire it if you don't, and what it means in practice for separated parents.
Parental responsibility is the legal term for all the rights, duties, powers, responsibilities, and authority that a parent has in relation to a child and the child's property. It is defined in section 3 of the Children Act 1989. Having parental responsibility means you have the legal right to be involved in decisions about a child's upbringing, including their education, medical treatment, religion, and where they live. It is separate from the question of where a child lives or how much time they spend with each parent.
An unmarried father who is not named on the birth certificate does not have parental responsibility automatically. He can acquire it by:
Having parental responsibility means you are entitled to:
In practice, day-to-day decisions about the child are generally taken by whoever the child is with at that time. Parental responsibility becomes most significant for major decisions: changing school, surgery, relocating abroad, or changing the child's surname.
Parental responsibility cannot be removed from a mother. It can be removed from a father or other person by a court order, but this is very rare and reserved for serious situations. The more common outcome where one parent is absent or harmful is restrictions on how they exercise parental responsibility, rather than removal of it entirely.
Yes. Parental responsibility can be held by more than two people simultaneously. For example, a father and mother both hold it, and a step-parent can acquire it by court order or agreement without the father losing his. All those who hold parental responsibility must generally be consulted on major decisions affecting the child, though in practice courts and professionals are pragmatic about what this means day to day.
No. A child arrangements order sets out where a child lives and who they spend time with, but does not change who holds parental responsibility. A parent with no parental responsibility does not acquire it simply because they have contact under a child arrangements order, unless the order itself includes a provision granting parental responsibility.
Going through child arrangements proceedings without a solicitor is difficult, and questions about parental responsibility often arise at every stage. Access to Justice is built for people in exactly this position, it explains what your rights are and what each stage of the process involves. Try it free.
Does an unmarried father automatically have parental responsibility?
Only if he is named on the birth certificate following a registration that took place after 1 December 2003. An unmarried father not named on the certificate does not have parental responsibility automatically and must acquire it through agreement, re-registration, or a court order.
Can a grandparent get parental responsibility?
A grandparent does not have parental responsibility automatically. They can apply to the court for a child arrangements order (which if granted on a "lives with" basis confers parental responsibility) or for a special guardianship order, which also gives parental responsibility. Special guardianship is a significant legal status designed for long-term alternative care arrangements.
If I have parental responsibility, does that mean I can take my child abroad?
Having parental responsibility does not give you the automatic right to take a child out of England and Wales. You generally need the consent of everyone with parental responsibility, or a court order. The only exception is if you have a child arrangements order saying the child "lives with" you, in which case you may take the child abroad for up to 28 days without consent.
What happens to parental responsibility when parents separate?
Both parents retain parental responsibility after separation regardless of the arrangements for the child. Separation does not remove or reduce either parent's parental responsibility, and neither does a child arrangements order deciding where the child lives. Parental responsibility can only be removed from a father by a court order, which is very rare.
If a father has parental responsibility, does the mother have to tell him where the child goes to school?
Yes, schools are expected to provide information to all parents with parental responsibility unless there is a court order restricting this. Having parental responsibility gives a parent the right to receive information about a child from schools, doctors, and similar authorities.
Can I stop the other parent from exercising parental responsibility?
You cannot unilaterally prevent another person from exercising parental responsibility. If there is a dispute about a specific decision, you can apply to the court for a specific issue order, which asks the court to decide the question, or a prohibited steps order, which prevents the other parent from taking a specific action. The court decides based on the child's best interests.
This article provides legal information about child arrangements proceedings in England and Wales. It does not constitute legal advice. For advice about your specific situation, speak to a qualified solicitor.
You don't have to work this out alone. Family Court Assistant helps you understand your family court case, organise your information and work out what you need to do next, and every time you come back it remembers where you're up to.