When you have a child with someone, as a dad you might feel concerned about what rights and duties you may have in respect of your child. It is more commonly known that mothers have automatic Parental Responsibility (PR), but it is less understood when it comes to fathers.
What is Parental Responsibility?
Parental Responsibility consists of 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” (s.3(1) Children Act 1989).
Parental Responsibility covers individual decisions (one person can decide) as well as collective decisions (all persons with PR must agree). Individual decisions can include (though note these lists are not exhaustive):
- Deciding how your child spends their time (activities, etc);
- Routine discipline;
- Personal care for your child; and
- Making and attending routine medical check-ups (though note that both parents should be aware of these appointments).
Collective decisions can include:
- Choosing your child’s school;
- Changing your child’s name;
- Choosing a religion for your child to be brought up in; and
- Relocations within England and Wales, or overseas.
Some decisions can be made by one parent such as in a medical emergency, but the other parent must be informed as soon possible thereafter.
When does a father have Parental Responsibility?
The law tells us that if you are married or civil partnered to the mother of your child at the time of the birth, you acquire automatic Parental Responsibility as well. A married father’s Parental Responsibility subsists even after separation and divorce from the mother.
If you are not married to the mother of the child at the time of birth, but later marry, you will acquire Parental Responsibility.
The law also tells us that if you are not a married father, if you are named on the birth certificate for your child, you will hold Parental Responsibility.
Please note, the Family Court has recently determined that if a father was named on the birth certificate, and it later transpired that he is not the biological father of the child, that the father never held Parental Responsibility in the first instance.
What happens if I am not named on the birth certificate?
If you are an unmarried father who is not named on the birth certificate, there are a couple of ways you can acquire Parental Responsibility. One such example is entering into a parental responsibility agreement with the mother of the child. This would be signed by both parents and witnessed by a local Court official.
What happens if the mother does not agree to me having Parental Responsibility?
There are difficult situations often arising when a father is not named on the birth certificate in an effort to avoid him holding Parental Responsibility for the child.
As such, a father can apply to the Family Court for a Parental Responsibility order. It must be confirmed that the father applying is the biological father of the child. If there is any contention over this fact, the Court will order for a DNA test to be conducted. As long as the results confirm that the father is the biological parent of the child, the Court can then go on to consider the Parental Responsibility order application.
In some cases, a father may wish to also apply for a Child Arrangements Order (CAO) to seek defined contact or living arrangements for the child, following a separation. If the father is named as the person with whom the child is to live (Lives With Order), then the Court must also make a Parental Responsibility order at the same time to ensure the father has the necessary rights to make decisions for the child.
If the Court makes a CAO in which the child spends defined time with the father (Spends Time With Order), the Court will need to separately consider whether it is appropriate for the father to be granted a Parental Responsibility order.
It is possible for a Court to deny an application for PR to be granted to a father. This is usually in rare and extreme cases, usually involving domestic abuse; significant safeguarding concerns; or when there is even the possibility the father will misuse the Parental Responsibility to cause difficulty to the mother and disrupt her ability to care for the child.
How Pinney Talfourd can help
Understanding your rights as a father can feel overwhelming, particularly following a separation or where there is disagreement about arrangements for a child.
Our Family team has extensive experience supporting fathers with Parental Responsibility matters, Child Arrangements Orders and wider children disputes. We can provide clear, practical advice tailored to your individual circumstances.
More information
Feel free to contact our marketing team on 01708 229 444 or email