Who has Parental Responsibility?
A mother automatically has Parental Responsibility for a child – But what about the father? Here the situation is slightly different.
A father automatically acquires Parental Responsibility for a child if he is married to the mother at the time of birth or subsequently – it is not lost on any subsequent divorce.
A father can acquire Parental Responsibility if they:
- Are named on the Birth Certificate (if the birth is registered after December 2003).
- Enter into a Parental Responsibility Agreement with the child’s Mother.
- Secure a Parental Responsibility Order.
- Secure a Child Arrangements Order for a child to live with them (also known as a Residence Order).
No one else automatically has Parental Responsibility for a child. However, other people may be able to acquire Parental Responsibility in very specific circumstances.
Our family law team can advise you whether you are eligible, how to acquire it and the best way this can be achieved in your circumstances.
If any issues arise regarding the exercise of Parental Responsibility, we also offer practical advice to try to help you resolve the problem.
There are some cases where an agreement cannot be reached and it is necessary to apply to the Court for a Specific Issue Order or a Prohibited Steps Order.
In these circumstances, our family law team will be able to represent and guide you through the proceedings. Whatever the problem, our family law team are able to help.
Free Legal Appointment
Our Family Department offers a free 30 minute appointment to all clients.
At that appointment we will discuss and review your circumstances and give you preliminary legal advice.
We will also review with you, in general terms, your options in respect of the divorce, finances or children matters and also provide a cost estimate.
The 30 minute appointment will be free of charge and there will be no obligation for you to use our services.