If you're involved in raising a child, whether as a parent, step-parent, or grandparent, you might assume that you automatically have legal authority to make decisions on their behalf. However, parental responsibility is a specific legal status that not everyone holds, and understanding what it means is crucial for avoiding conflicts and protecting the child's best interests.
What is parental responsibility?
Parental responsibility refers to the legal rights, duties, powers, responsibilities, and authority a parent has in relation to their child and the child's property.
In practice, this means that a person with parental responsibility can make both day-to-day and major decisions about the child's life, including:
- education and schooling
- religious and cultural upbringing
- medical care and health decisions
- where the child lives
- taking the child abroad, especially for holidays
Until a child turns 18, someone must have the legal authority to make these decisions. That authority comes from parental responsibility.
Who automatically has parental responsibility?
The following individuals typically have parental responsibility automatically:
- the child's mother
- the father, if he is married to the mother at the time of birth
- second female parents, under certain legal circumstances
How can you acquire parental responsibility?
If you do not automatically have parental responsibility, there are several legal avenues to obtain it:
- being named on the child's birth certificate (for unmarried fathers, this applies to births registered after 1 December 2003 in England and Wales)
- marrying or entering into a civil partnership with the child's mother (if you are the biological father)
- entering into a Parental Responsibility Agreement with the mother (must be registered with the court)
- applying for a Parental Responsibility Order through the Family Court
- being granted a Child Arrangements Order that names you as the person the child lives with
It is essential to seek legal advice when pursuing parental responsibility to ensure the application is properly prepared and in the child's best interests.
What can someone with parental responsibility do?
Holding parental responsibility allows you to be involved in significant decisions about a child's upbringing, such as:
- choosing and changing schools
- deciding on medical treatment
- determining the child's religion
- agreeing to international travel or relocation
- authorising a passport application
These decisions should ideally be made jointly with anyone else who holds parental responsibility for the child.
Exercising parental responsibility: when parents disagree
Unfortunately, not all individuals with parental responsibility always agree on how a child should be raised. Disputes can arise over issues such as:
- where the child should live
- which school they should attend
- religious practices
- medical treatments
- holiday arrangements abroad
When to seek legal advice
We recommend seeking legal advice as soon as you anticipate a dispute about a child's upbringing. Our team can guide you through:
- mediation and alternative dispute resolution options
- negotiation support with the other party
- court proceedings, if a mutual agreement cannot be reached
Our goal is always to achieve a resolution that is in the best interests of the child.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
