Your rights and responsibilities
At Nelsons, we recognise that parental responsibility is a crucial aspect of family law. It refers to the legal rights and responsibilities that a parent has towards their child. This includes making decisions about their education, health care, and overall welfare. Understanding your rights and obligations is essential for ensuring the best outcomes for your children.
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Who has parental responsibility?
In the UK, parental responsibility is typically held by:
- Biological parents – Mothers automatically have responsibility. Fathers gain it if they are married to the mother or listed on the birth certificate.
- Adoptive parents – Once the adoption is finalised, adoptive parents gain full parental responsibility.
- Guardians – Individuals appointed as guardians can also acquire responsibility.
Why is parental responsibility important?
Parental responsibility is vital for:
- Decision-making – It allows parents to make significant decisions regarding their child’s upbringing.
- Legal rights – It ensures that parents can act in their child’s best interests, including matters of education and health.
- Stability – Clear understanding of parental rights fosters a stable environment for children.
How Nelsons can help
Our specialist Children Law team in Derby, Leicester and Nottingham are experts in parental responsibility laws. We can offer a fixed fee agreement, which is appropriate where responsibility is agreed upon between you and your partner.
Our fixed fee agreement service includes:
- Drafting the agreement.
- Arranging for the agreement to be signed.
- Lodging the agreement at the Family Division of the Court.
- Sending you a sealed and registered copy of the agreement.
Entering into negotiations with the other parent is not included in this cost, however.
We can also assist with parental orders for non-biological parents, same-sex families and surrogate parents.
Please note that we can only advise on a Legal Aid basis for public law/care proceedings.
Meet the team
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Melanie BridgenPartner & Solicitor
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Gareth ProtheroePartner & Solicitor
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Emma DaviesPartner & Solicitor
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Gayle RowleyPartner, Solicitor & Mediator
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Naomi BondSenior Associate & Solicitor
Our expertise
Our children and family law solicitors have a reputation as leaders in our field, and our experience ensures that we will give you expert advice about your circumstances.
Our team includes:
- Resolution Accredited Specialists
- Law Society Family Panel & Advanced Family Panel members
- Law Society Children Panel Members
Our expertise in family law is recognised by the independent directories, The Legal 500 and Chambers and Partners.
Testimonials…
To discuss how our solicitors can help you or for further details of our fixed fee parental responsibility agreement service, please contact us via our online form or call 0800 024 1976 for a guaranteed response.
Make an enquiry
If you wish to contact us, please complete the form below. A member of our team will be in touch as soon as possible.
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Parental Responsibility FAQS
Below, we have answered some frequently asked questions concerning parental responsibility advice
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What is parental responsibility?
Mothers and the majority of fathers have legal rights and responsibilities as a parent which is referred to as ‘parental responsibility’.
For those who have parental responsibility, their most significant roles are to provide a home for the child to live in and to protect and look after the child. Further important roles include:
- Disciplining the child
- Selecting and supporting the child with their education
- Consenting to decisions concerning the child’s medical treatment
- Naming the child (if required, agreeing to any change of their name)
- Maintaining and looking after the property in which the child resides
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My partner and I are separating, do I have parental responsibility?
A mother will have automatic parental responsibility for her child. However, parental responsibility is only granted to the father if:
- He is married to the child’s mother
- His name is on the birth certificate when the child’s birth was registered
- There is a parental responsibility agreement with the mother
- There is a parental reasonability order from the Court
- He becomes the child’s guardian
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Can parental responsibility be removed from a parent?
In the event of an adoption (other than a step-parent adoption) both parents will lose parental responsibility.
An unmarried father can have parental responsibility removed from him upon an application to the Court, although these types of applications are rare.
A Court will not remove a father’s parental responsibility for any of the following reasons:
- He doesn’t want contact with his child
- His child doesn’t want contact with him
- He won’t pay child maintenance
- He isn’t involved in his child’s life
Where a Court believes a father is having a negative impact on his child, for example, they can restrict the father’s involvement by issuing either a child arrangements order to protect the child or limit the role the father has in their life.
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Do the parental responsibility rules differ for adopted children?
Adopted children would be treated the same way as biological children. However, foster children are not legally classed as ‘your’ children. Different rules would then apply here, for example, a child who has been placed in your care will be removed if you were going through separation or divorce. However, this matter would be for local authorities who placed the child within your care as opposed to the Courts.
Get in touch
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