Parental Rights and Responsibilities

Parental responsibility (PR) is a legal concept defined in the Children Act 1989 as all the rights, duties, powers, responsibilities, and authority that a parent has in relation to their child and the child’s property.

A mother automatically has parental responsibility from birth. A father acquires automatic parental responsibility if he is married to the mother at the time of the child’s birth, or if he is named on the birth certificate (for births registered after 1 December 2003 in England and Wales).

Unmarried fathers whose names do not appear on the birth certificate do not automatically have parental responsibility. They can acquire it by re-registering the birth to include their name, by entering into a Parental Responsibility Agreement with the mother, or by applying to the court for a Parental Responsibility Order.

Parental responsibility covers decisions about the child’s education, medical treatment, religious upbringing, and where the child lives. It does not, by itself, determine how much time a child spends with each parent — that is a separate matter addressed through Child Arrangements Orders.

More than one person can hold parental responsibility for a child at the same time. Step-parents, special guardians, and local authorities (in care proceedings) can also acquire parental responsibility in defined circumstances.

Terence Ray Solicitors provides clear and practical advice on all parental responsibility matters, including applications to court where agreement cannot be reached.

Call 020 3367 1430 or email info@trsolicitors.co.uk.