Parental Responsibility Explained: Your Legal Rights and Duties

Understanding parental responsibility is crucial for any parent or carer navigating family life in the UK—especially if you’re facing separation, disputes, or big decisions about your child’s future. But what does parental responsibility mean, who has it, and what rights and duties does it involve?

This comprehensive guide breaks down everything you need to know about parental responsibility, including the decisions it covers, who has parental responsibility, what happens when parents separate and the law around co-parenting disputes.

What is Parental Responsibility?

Parental responsibility is a legal term defined under the Children Act 1989. It refers to the rights, duties, powers, and responsibilities a parent has in relation to their child. This includes:

– Providing a safe and stable home for the child.

– Providing financial support.

– Making decisions about education and schooling.

– Agreeing to medical treatment.

– Choosing religious upbringing.

– Naming the child and agreeing to any change of name.

– Managing the child’s property and welfare.

– Discipline the child in a reasonable and non-abusive way.

– Consent to or refuse medical treatment on the child’s behalf.

It’s not just about having rights—it’s about fulfilling duties that protect and promote the child’s wellbeing. Anyone with parental responsibility is legally responsible for making important decisions about the child’s upbringing.

Who Automatically Has Parental Responsibility?

In the UK, parental responsibility is automatically granted to certain individuals based on their relationship to the child and their legal status at the time of the child’s birth:

– Mothers – Every birth mother automatically has parental responsibility for her child from birth, regardless of her marital status or whether she is named on the birth certificate.

– Fathers – If married to the mother at the time of birth or listed on the birth certificate.

– Civil partners and same-sex parents – If they were civil partners at the time of fertility treatment or have jointly adopted the child.

If the father is not married to the mother and is not named on the birth certificate, he does not automatically have parental responsibility but can acquire it through other means.

How Can Parental Responsibility Be Acquired?

If you don’t automatically have parental responsibility, you can acquire it through:

– Being named on the birth certificate.

– A Parental Responsibility Agreement with the mother.

– A court order granting parental responsibility.

– Marriage to the mother (if not already acquired).

Unmarried fathers often need to take legal steps to secure their rights, which is crucial for involvement in decisions about the child’s life.

What Happens When Parents Separate?

Parental responsibility does not end when parents separate. Both parents must still be consulted on major decisions affecting the child’s life, such as:

– The arrangements for the child’s day-to-day care.

– Which school or place of education the child attends.

– Medical treatment.

– Religious upbringing.

– Relocation or travel abroad.

Common disputes include one parent making decisions without the other, or disagreements about the child’s care and living arrangements.

Learn more in our Co-parenting When Communication Breaks Down article.

Can Parental Responsibility Be Removed?

Removing parental responsibility is rare and only considered in extreme cases, such as:

– Abuse or neglect.

– Serious safeguarding concerns.

Courts are reluctant to remove it entirely but can control how it is exercised through:

– Prohibited Steps Orders – preventing specific actions (e.g. changing a child’s surname or taking them abroad).

– Child Arrangement Orders – regulating where the child lives and who the child sees or spends time with.

– Special Guardianship Orders – to regulate who has parental responsibility of a child.

Common Disputes Involving Parental Responsibility

Disputes often arise when:

– One parent makes decisions without consulting the other.

– The parents can’t agree the appropriate arrangements for the child.

– There are disagreements over travel abroad.

– Conflicts emerge about schooling or medical treatment.

– Parents differ on religious upbringing.

– One parent wants to change the child’s surname.

Learn more in our Co-parenting When Communication Breaks Down article.

International Travel and Parental Responsibility

If you’re planning to take your child abroad, you must get permission from everyone who holds parental responsibility with only limited exceptions. Travelling without this consent—even for a short holiday—can be considered child abduction under UK law and may result in serious legal consequences.

If the other parent refuses consent, you’ll need to apply to court for permission. The court will consider:

– The purpose and duration of the trip.

– The child’s welfare and education.

– Whether the trip is in the child’s best interests.

How a Family Law Solicitor Can Help

A family law solicitor offers expert guidance and practical support in a wide range of parental responsibility situations, including:

– Child Abduction and Safeguarding – Help you obtain urgent court orders (such as Prohibited Steps Orders) to prevent a child from being removed from the country or to secure their safe return. And support you with safeguarding concerns, including cases involving domestic abuse, neglect, or threats to your child’s welfare.

– International Travel.

– Gaining Parental Responsibility – Advising unmarried fathers, stepparents, same-sex partners or other care providers on how to acquire parental responsibility. And drafting formal agreements for legal rights.

– Removing or Limiting Parental Responsibility – Help you apply to the court to limit or remove another person’s parental responsibility. And advising on alternative legal remedies, such as Prohibited Steps Orders, to restrict certain actions without removing parental responsibility entirely.

– Attending Court – Guiding you through the process, preparing all necessary documentation and evidence for your case. And, representing you in court proceedings, ensuring your views and your child’s welfare are clearly presented.

– Creating Legal Agreements.

– General Advice on Parental Responsibility in Specific Situations.

A family law solicitor is your advocate and guide, helping you understand your rights, avoid legal pitfalls, and protect your child’s best interests—whether you’re dealing with urgent safeguarding issues, planning international travel, seeking to gain or limit parental responsibility, or simply want peace of mind in your parenting decisions.

Our family law solicitors can help with divorce proceedings, children matters and financial settlements and financial orders. They can support you through the entire process and even help if you have dealt with a divorce yourself and are looking for support through the financial settlement or child contact.

The family law team also offer a free legal consultation to new clients. You can book an appointment by telephone, video call or in person.

Contact us or call us on 0114 2235 807 to book your free consultation today.