Misconception on what Parental Responsibility means
12th March 2025
There is a common misconception that those who hold Parental Responsibility in relation to their child or children automatically have a right to have contact with those children. This is incorrect.
Parental Responsibility is defined by the Children Act 1989 as “all the rights, duties, powers, responsibilities and authorities which by law a parent of a child has in relation to the child and their property”. The term parental responsibility attempts to focus on the parents’ duties toward their child rather than the parents’ rights over the child.
Where important decisions regarding a child need to be made then all of those with Parental Responsibility for the child should be involved in such decisions. The general day to day decisions should be made by the parent with whom the children reside without interference from the others that hold parental responsibility. The important decisions which should only be made by those who hold parental responsibility are as follows:
- Decisions regarding the child’s education and choice of school.
- Changing a child’s name.
- Consenting to a child’s operation or certain medical treatment.
- Consenting to take a child abroad for holidays or extended stays.
- Determining the religion the child should be brought up with.
All mothers will automatically have parental responsibility and fathers who are married to or in a civil partnership with the mother automatically have parental responsibility and will not lose that if they are divorced or the civil partnership is dissolved. A father who is not married or in a civil partnership with the mother can obtain parental responsibility in the following ways:
- Marrying or entering into a civil partnership with mother
- Having his name registered or re-registered on the birth certificate if his name is not already registered.
- Entering into a Parental Responsibility agreement with mother.
- Obtaining a Parental Responsibility Order from the Court.
- Having obtained a Residence Order prior to the 22 April 2014.
- Being named as the resident parent under a Child Arrangements Order.
However, Parental Responsibility does not provide an automatic right to the holder to have contact with a child. What time each parent is to spend with a child is to be agreed between the parties and if an agreement cannot be reached then either party will need to make an application to the Court for a Child Arrangements Order. Prior to such an application being made the Court will expect the parties to have engaged in Mediation to ascertain whether an agreement can be reached.
Our family department has extensive experience with handling children cases. If you need assistance please contact our friendly team to see how we can help.
Article written by Family & Matrimonial Solicitor, Natasha Aspinall.