Parental responsibility

This page explains the law on Parental Responsibility, what this means in practice and how a person can acquire Parental Responsibility.

What is parental responsibility (PR)?

PR is defined in Section 3(1) Children Act 1989 as being 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.

The term PR attempts to focus on the parent’s duties towards their child rather than the parent’s rights over their child.

What does PR mean in practical terms?

When important decisions about a child must be made, all those with PR for the child should be allowed to participate. Day-to-day decisions should be made by the parent who has the child with them at that time, without interference from other PR holders.

In practical terms, PR means the power to make important decisions in relation to a child. This can include:

• Determining the child’s education and where the child goes to school
• Choosing, registering or changing the child’s name
• Appointing a child’s guardian in the event of the death of a parent
• Consenting to a child’s operation or certain medical treatment;
• Accessing a child’s medical records
• Consenting to taking the child abroad for holidays or extended stays
• Representing the child in legal proceedings
• Determining the religion the child should be brought up with. Where there is a mixed cultural background, this should include exposure to the religions of all those with PR until the child reaches an age where he or she can make their own decision on this

Who has parental responsibility?

• Mothers automatically have PR when they give birth
• Fathers who are married to or in a civil partnership with the mother automatically have PR and will not lose it if they are divorced or the civil partnership is dissolved
• Second female parents who were married to or in a civil partnership with the biological mother at the time of conception (unless conception was the result of sexual intercourse or the wife or civil partner of the biological mother did not consent to the conception)
• Fathers who are not married to or in a civil partnership with the mother do not automatically have PR (see below for how they can obtain PR)
• Step-fathers and step-mothers do not automatically have PR
• Grandparents do not automatically have PR

How can fathers who are not married to or in a civil partnership with the mother obtain parental responsibility?

A father who is not married to or in a civil partnership with the mother can obtain parental responsibility by:

• Marrying or entering into a civil partnership with the mother
• Having his name registered or re-registered on the birth certificate if his name is not already registered
• Entering into a PR Agreement with the mother
• Obtaining a PR Order from the court;
• Having obtained a residence order prior to 22/4/2014
• Being named as the resident parent under a child arrangements order

More detailed information can be found in our parental responsibility How-to Guide.

Do I have any responsibilities for my child even though I do not have PR?

The law treats PR and child maintenance as being completely separate. A father who does not have PR still has a duty towards his child to provide child support maintenance. An father without PR will also still have some rights, for example:

• He has an automatic right to apply to the court for certain court orders in respect to his child
• If the child is in Local Authority care, he has a right to have reasonable contact with his child.

Can PR be transferred?

A person with PR cannot transfer their responsibility to another person. 

Although it is possible to delegate responsibility for child care to a partner, childminder, teacher, friend, or relative, the person with PR remains liable and responsible for ensuring that proper arrangements are made for the child.

Temporary carers will not have PR but may do what is reasonable in all circumstances for the purpose of safeguarding or promoting the child’s welfare.

What is a PR Agreement?

A PR Agreement is an agreement made between the mother and the father to allow him to have PR if the parents are not married or in a civil partnership together. Both parents will have to agree to this.

What is a PR Order?

A PR Order is an order under the Children Act 1989 that fathers can apply for when they are not married or in a civil partnership with the mother and the mother refuses to assist the father in obtaining PR (for example, by registering his name on the birth certificate).

The court will consider the factors that the court considers relevant from the case of Re H (minors) (Local Authority: Parental Rights) (No 3) [1991] (the ‘Re H factors’):

• The father’s degree of commitment to the child
• The state of the father’s current relationship with the child
• The reason for making the application

Do all PR holders have to agree before a decision can be made?

In most cases, decisions can be taken by one PR holder.

For example, a school may only need consent from one person with PR to take the child on a school trip. If the other parent strongly objects, they could seek a Prohibited Steps Order from the court to prevent this from happening.

Where there is a major decision to be made about the child’s life, all those with PR will need to agree. For example, if one parent wants to change the name of the child, move abroad with the child, or have the child put up for adoption, all those with PR must agree.

What if parents cannot agree on a major decision about the child?

If parents are unable to agree about a decision concerning the upbringing of their child, they could try family mediation.

The aim of mediation is to lessen conflict and try to resolve disputes amicably. The process of mediation differs depending on the mediation service. In some mediation services, parents are seen separately and then brought together to see if they can reach a compromise. In other mediation services, the parents are seen together, sometimes with their solicitor or a representative present.

If an agreement cannot be reached, either person can apply to the court for a Specific Issue Order or a Prohibited Steps Order. The parent does not have to have PR to be able to do this. This order is effectively asking the court to make the decision on behalf of the parents, and the decision will be based on what the court thinks is in the best interests of the child.

Going further

More detailed information can be found in our Parental Responsibility How-to Guide. Please note that a fee is charged for this service.