Parental Responsibility: Have it? Need it? Get it.

By: Abigail Taylor - Updated: 18 May 2023 | *Discuss

 

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What is Parental Responsibility?

Parental responsibility is the right to have a say in decisions affecting your child's upbringing. It is important to note that this is not general day-to-day decision making (eg can they have a biscuit after tea, can they play on Xbox before homework etc). Please note having PR does not give an automatic right to contact.

However, it is a right to have a say in the more important or major decisions. For example:

Parental responsibility ends when a child turns 18 years old (ie legally becomes an adult), or if they marry before the age of 18.

Parental responsibility cannot be removed if the child's parents were married. However it can be removed by application to the courts if the parents were not married.

Note: If you don't have parental responsibility, it doesn't mean that you don't have to pay child maintenance - the two are dealt with separately. Don't avoid getting parental responsibility so that you don't have to pay money - it doesn't work like that.

If you have parental responsibility and are not consulted on important decisions about your child's life, or your views are ignored, you can apply to the court for a Specific Issue Order. The court will then decide the particular matter in dispute.

Who automatically gets parental responsibility?

Mothers automatically receive parental responsibility over a child they give birth to. For fathers, the situations in which parental responsibility is automatically given depends upon which part of the UK the child is born:

England and Wales

1 - married at time of birth; or

2 - jointly registered the birth with the mother, from 01/12/03; or

2 - have a signed Parental Responsibility Agreement; or

4 - have a Parental Responsibility Order from the court.

Scotland

1 - married at time of conception or any time thereafter; or

2 - named on the birth certificate, from 04/05/06.

Northern Ireland

1 - married at time of birth; or

2 - marry at any time after, as long as live in Northern Ireland at time of marriage; or

3 - named on the birth certificate, from 15/04/02.

How to get parental responsibility

If you don't qualify for automatic parental responsibility, then there are two ways to obtain it.

If the mother agrees: you can both sign a Parental Responsibility Agreement

1 - Obtain a draft parental responsibility agreement Court Form C(PRA1)

2 - Both parties should take the form to your local county or family court to be signed and witnesses. You should take with you the child's birth certificate and proof of your ID, eg your passport or driving licence.

3 - Send two copies of the signed and witnessed form to: Principal Registry of the Family Division, First Avenue House, 42-49 High Holburn, London, WC1V 6NP.

If the mother disagrees: apply to court

1 - You must have attempted mediation first.

2 - To apply, you must be a person connected to the child (eg parent, step-parent etc).

3 - The court fee is £125 (you can get help with court fees if on benefits or low income).

4 - Fill in court forms C1 and FM1 and send to your local county or family court.

5 - If you don't want the other party to see your home address, leave that blank on form C1 and also fill in and send form C8.

If you need help filling in court forms, speak to your local Citizens Advice Bureau or consult a local solicitor.

How do the courts decide whether to award parental responsibility?

The courts will always prioritise the best interests of the child.

The father had injured / abused the child previously

The father had a conviction for possession of child pornography

The father was of bad character and had recently served a lengthy prison sentence for robbery.

If you are making an application to court, and are unsure about the process or your chances of success, seek help. Parental responsibility is worth fighting for, so don't let the court forms put you off. High street family law solicitors often give up to one hour's free advice. Alternatively Citizens Advice Bureau offer free and independent legal advice on a walk-in basis.

Next Page

Breach of Contact or Residence Order: What to Do

The Different Types of Court Orders

Legal Aid Withdrawal: How to Represent Yourself

When Children are Taken into Care: A Guide

Which Court Form Do I Need?

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