Parental Responsibility

Our Parental Responsibility Services

Most parental responsibility questions come down to one thing: do you have it, and if not, what’s the quickest way to get it?

What Decisions Does Parental Responsibility Cover?

Parental responsibility allows someone to be involved in important decisions concerning a child’s upbringing. This can include decisions about education, medical treatment, religious upbringing, changing a child’s name and applications for a passport. The extent to which those decisions must be agreed will depend on the circumstances and the significance of the issue.

Who Has Parental Responsibility Automatically?

A child’s birth mother automatically has parental responsibility. A father has it automatically if he’s married to the mother at the time of birth, or if his name is on the birth certificate under the rules in place since 1 December 2003. Adoptive parents gain full parental responsibility once an adoption order is made.

Unmarried Fathers

Are you married to your child’s mother, or named on the birth certificate? If not, section 4 of the Children Act 1989 gives you three routes to parental responsibility. You can be added to the birth certificate later. You can sign a parental responsibility agreement with the mother, registered at court. Or, if she doesn’t agree, you can apply to court for an order. When deciding whether to grant parental responsibility, the court will consider factors including the father’s commitment to the child, the attachment between them and the reasons for the application.

Step-Parents and Partners

A step-parent married to, or in a civil partnership with, a birth parent can also acquire parental responsibility. This is under section 4A of the Children Act 1989. It works in one of two ways: agreement with everyone who already holds it, or a court order. Either way, it sits alongside the birth parents’ own parental responsibility, rather than replacing it.

For a non-birth parent in a same-sex relationship, a different route applies. This is under section 4ZA of the Children Act 1989. See our Same Sex Families page for the full detail.

Special Guardians

Individuals who become Special Guardians also acquire parental responsibility and are able to exercise it to the exclusion of others in certain circumstances.

Removing Parental Responsibility

This is rare. Courts don’t remove it lightly. An unmarried father’s parental responsibility can be ended by court application.  Such applications to terminate parental responsibility are rare and only succeed in exceptional circumstances. The court will carefully consider whether less restrictive measures could adequately safeguard the child’s welfare.

If I Have Parental Responsibility, I Make All The Decisions

Holding parental responsibility does not mean one parent can make all important decisions alone. Major decisions concerning a child’s upbringing should usually involve everyone who has parental responsibility.

How We Support Parental Responsibility Cases

Every family’s situation is different, but our approach follows a consistent path, shaped by our Client Service Charter.

1. Your first conversation: We establish exactly who currently has parental responsibility, and what, if anything, needs to change.
2. Choosing the right route: Depending on your circumstances, this might be a straightforward agreement, or a contested court application.
3. Putting it in place: We draft, arrange signature, and lodge agreements at court, or prepare and issue a court application where agreement isn’t possible.
4. Staying informed: You’ll have a named contact with a direct dial and mobile number, and every matter is supervised by a Partner or Legal Director.
5. Ongoing support: We’re on hand if your family’s circumstances change and your parental responsibility position needs revisiting.

Why Choose Nelsons for Parental Responsibility Advice

Our reputation comes from decades of family law casework in the East Midlands, and from named recognition in the legal directories.

• Recognised by the legal directories: Ranked Tier 1 by The Legal 500 for family law in the East Midlands, with recognition from Chambers and Partners for public and private children law.
• Fixed fee clarity: Our agreed parental responsibility service has a clear scope, so you know what’s included before you start.
• Resolution and Law Society accredited: Our wider team includes Resolution-accredited specialists and Law Society Family and Children Panel members.
• Adoptive parents: Once the adoption is finalised, adoptive parents gain full parental responsibility.
• Guardians: Individuals appointed as guardians can also acquire responsibility.

Understand Where You Stand

Whether you already have parental responsibility and want to confirm it, or need to put it in place, we’ll give you a clear answer.

Call 0800 024 1976 or contact us via our online enquiry form today.