Personal Legal Services » Child Care Solicitors » Parental Responsibility Agreements and Orders
Your ability to make important decisions on behalf of a child is determined by whether or not you have Parental Responsibility. However, only the mother of a child and fathers who are married to the mother at the time of birth are automatically granted Parental Responsibility, which can cause some complications.
At Taylor Emmet, our expert Family Law Solicitors and Lawyers regularly work with parents, as well as anyone involved in the care of a child, to address the issue of Parental Responsibility. We can provide legal advice and support you in acquiring Parental Responsibility through a Parental Responsibility Agreement or a Parental Responsibility Order.
Parental responsibility? Our Childcare Solicitors can help
A child’s mother always has parental responsibility and this cannot be removed, suspended or altered, except when an adoption order is made.
Our expertise with Parental Responsibility and Orders
At Taylor Emmet, we have been recognised as having one of the leading Family Law teams in the Sheffield City Region and beyond by The Legal 500.
Our expert team has substantial experience supporting families with Parental Responsibility issues. As such, we understand all of the concerns and questions you might have about the process and your rights moving forward.
Our team will be available to provide tailored advice and support throughout the process, ensuring the right outcome for you and your children.
Our team members are also on the Law Society’s Children Panel, enabling them to represent children and demonstrate our expertise in child law.
How our Parental Responsibility Solicitors and Lawyers can help you
Parental Responsibility Agreements
If you would like to obtain Parental Responsibility, it may be possible to come to an arrangement with the child’s mother via a Parental Responsibility Agreement. If both parties consent, such an agreement allows you to secure Parental Responsibility without making a formal court application.
Parental Responsibility Agreements can be suitable in a number of situations, including for same-sex parents, unmarried fathers and step-parents.
Our expert team can support you through the entire process of applying for a Parental Responsibility Agreement, ensuring that all of the legal formalities are taken care of so you can concentrate on providing the right care for your child.
Parental Responsibility Orders
In certain situations, it may not be possible to voluntarily arrange who should have Parental Responsibility, meaning you will be unable to make a Parental Responsibility Agreement. In these situations, the person seeking Parental Responsibility must instead apply to the court for a Parental Responsibility Order.
When assessing a Parental Responsibility Order, the court’s primary consideration will always be to find a solution that protects the child’s welfare. We can work alongside you to ensure that your application for a Parental Responsibility Order accounts for this, clearly presenting your case and ensuring you have the best possible chance of securing a positive outcome.
Removal of Parental Responsibility
Parental Responsibility can be removed from an individual in certain circumstances. The most common example would be terminating Parental Responsibility from a mother and/or father if a child is to be adopted.
However, in extreme cases, the court may remove Parental Responsibility if a child’s safety is considered to be at risk or there are concerns about abuse. Voluntary termination of Parental Responsibility may occur if you apply for a Parental Responsibility Order to be discharged. The court will consider the reasons behind your request and assess whether this is in the child’s best interests before granting the application.
If you are worried about your child’s welfare, we can discuss the options available to you, which may include removing Parental Responsibility, giving up Parental Responsibility yourself and various other options.
Frequently asked questions about Parental Responsibility
What is Parental Responsibility?
What is Parental Responsibility?
The Children Act 1989 introduced the term Parental Responsibility, which is defined as “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.”
Further guidance issued when the Children Act came into force stated that Parental Responsibility concerns “bringing the child up, caring for him, and making decisions about him.”
Parental Responsibility allows you to:
- Name the child
- Choose the child’s religion
- Make arrangements for education
- Consent to medical treatment or the taking of blood for testing
- Consent to the child being taken temporarily out of England and Wales, for example on holiday
- Administer the child’s property
Who has Parental Responsibility?
Who has Parental Responsibility?
A child’s mother always has Parental Responsibility, and this cannot be removed, suspended or altered except when an adoption order is made. She shares responsibility with the child’s father if they are married when the child is born and will continue to do so regardless of whether they live together or remain married.
If the father is not married to the mother, he can acquire Parental Responsibility if:
- He marries the child’s mother
- He is named on the child’s birth certificate
- He and the mother enter into a Parental Responsibility Agreement
- He obtains a Parental Responsibility Order from the court
Fathers who acquire Parental Responsibility share it with the mother until the child reaches 18 (unless an adoption order is made).
Other people can share Parental Responsibility for a child if they obtain a Child Arrangements or Special Guardianship Order. For example, a step-parent can enter into an agreement with the child’s mother and birth father if he himself has Parental Responsibility. A local authority can also acquire Parental Responsibility by obtaining a Care Order.
What is a Parental Responsibility Agreement?
What is a Parental Responsibility Agreement?
Unmarried parents may be placed in the same position as married couples by entering into an agreement to give the father Parental Responsibility. The agreement must be in a particular form and filed with the court to be effective. Once granted, it may only be ended by the court.
What is a Parental Responsibility Order?
What is a Parental Responsibility Order?
If an agreement cannot be reached, an unmarried father who is not named on the child’s birth certificate can apply to the court for a Parental Responsibility Order.
When considering an application of this type, the court’s primary consideration is the child’s welfare and that making such an order is in its best interests. The court takes into account:
- The commitment the father has shown towards the child
- The relationship that exists between them
- The reasons for applying
Can a grandparent get Parental Responsibility?
Can a grandparent get Parental Responsibility?
Grandparents will not have Parental Responsibility from the outset, but they can obtain it. As with every other case, the courts will only grant Parental Responsibility if they believe it is in the child’s best interests to do so.
When does Parental Responsibility end?
When does Parental Responsibility end?
Parental Responsibility usually ends when a child turns 18 or if they marry at 16/17 years old.
If you have Parental Responsibility, you won’t lose it unless the courts intervene to remove it. Even if you get a divorce and your child no longer lives with you, you will still have Parental Responsibility and will continue to have the right to make important decisions about their upbringing.
How can you remove Parental Responsibility?
How can you remove Parental Responsibility?
Aside from adoption, there are very limited circumstances in which it is possible to remove Parental Responsibility.
Possible reasons for a court electing to remove Parental Responsibility will always centre around protecting a child’s welfare and best interests.
Examples could include:
- Physically, psychologically or sexually abusive behaviour
- Withholding consent for a child to receive vital medical treatment
