Parental responsibility laws in the UK govern the parental rights and responsibilities that a person has in relation to their child, and provides legal status in relation to the child’s health, well-being and education.
When a relationship ends and children are involved, there can sometimes be disputes over who has parental responsibility for them. We have outlined what the parental responsibility laws are in the UK and how they are applied.
How are parental responsibility rights acquired?
Parental responsibility rights are automatically given to the mother of a child. For a father, if the child is born after 1st December 2003 (named on the birth certificate and present when the birth is registered) he will share parental responsibility with the mother. Otherwise, a father does not automatically obtain parental responsibility rights unless:
- He is married to the mother of the child.
- He has entered into a parental responsibility agreement with the mother.
- A Court has made a parental responsibility order.
- There is a step-parent parental responsibility agreement.
In any of the above instances, parental responsibility is still retained even if the parents separate and regardless of who the child lives with.
For same-sex parents, when they are civil partners at the time of the treatment (fertility treatment or donor insemination), both parents will have parental responsibility. Where the parents are not in a civil partnership or married, a parent without any legal rights can only obtain parental responsibility rights by entering into a civil partnership or marriage with the other parent and jointly registering the birth, making a parental responsibility agreement or applying for a Court order.
Parental responsibility agreements
As already mentioned, a parental responsibility agreement is a mutual legal agreement which allows a father (or another person seeking parental rights) to obtain parental responsibility along with the mother, if they do not automatically obtain parental rights.
The agreement must be signed and witnessed by a Court official and filed at the Principal Registry of the Family Division. The agreement has to be filed, if this is not done then the agreement will not be legally binding.
Parental responsibility orders
If there is no agreement in place or if one cannot be agreed, then a person can seek parental responsibility rights via a Court order.
The Court will consider an order from the person seeking parental responsibility, if they feel that it is in the child’s best interests. The Court will consider the following:
- The relationship between the person seeking parental responsibility and the child.
- Any potential issues or disruption that the order could cause.
- The opinion of anyone else who has parental responsibility for the same child.
It is important to note, that before considering an application for a Parental Responsibility Order that mediation with the parent who already has parental responsibility must be attempted first.
How can Nelsons help?
At Nelsons, we have a dedicated team of experts who are able to give specialist advice and representation. If you need advice on child contact or any other family law related matters, please contact a member of the team in Derby, Leicester or Nottingham. We will be happy to discuss your circumstances in more detail and give you more information about the services that our team can provide. Call us on 0800 024 1976 or contact us via our online form.