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Understanding Parental Responsibility

By: Angela Armes (30 Sep 23)
Parental Responsibility Natural Father

As a parents you are responsible, in the eyes of the law, for the safety, wellbeing and upbringing of your child. Parental responsibility requires you to ensure that your child receives the best care possible within the family unit.Although not an exhaustive list, parental responsibility means:

Who has Parental Responsibility?

By law, the mother of any child automatically has parental responsibility for them from birth. If the parents are married at the time of the birth or they have jointly adopted the child, then parental responsibility becomes a joint venture and both parents should have a say in how that child is brought up.

If parents then divorce, they do not lose parental responsibility and are still responsible for the child one the marriage has been dissolved.

What if I am unmarried?

If a mother is unmarried, she has sole parental responsibility for that child, and all decisions relating to her child’s upbringing are hers.

However, unmarried fathers can gain legal responsibility for a child by:

From 4th May 2006, an unmarried father has parental responsibility if he is named on the child's birth certificate. Unmarried fathers can also be named on a child's birth certificate if it is re-registered, which will give them parental responsibility.

Applying for Parental Responsibility

If you do have to apply to the courts for parental responsibility of your child, you must show a level of commitment to your child as well as a high level of attachment. The court ultimately has the final decision and must take all things into account before deciding on parental responsibility. The court must also consider why the father wishes to be given parental responsibility and may look at the mother’s ability to care for the child or children.

A court welfare officer may be appointed to assess the father’s level of commitment to his children in terms of attendance and also how he interacts with them.

Further Reading

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Personal agreement with my daughters mother since she was 12 months oldto pay support. My daughter is now 18 and in full time education as well as having a part time job. Do I still need to pay support for her and if so can I pay it directly to my daughter.
Bold - 30-Sep-23 @ 7:24 PM
I was in a bad marriage 2 years ago where he try to kill me while pregnant with his child and he attacked me in front of my son who is now 3 years old. Ever since I left he won’t leave me alone he doesn’t answer his phone when his kids rings him and then when it late at night he would call early hours in the morning to speak to me. He uses the kids has a excuse to talk to me since I left him all he’s done is emotionally and mentally abused me he’s also threatened to kill me and kidnap my kids and take them out the uk If he does this he will make sure that I would never see them again so I want to know if I can go for a Residence order to protect my kids as I do have a letter from social services of not to let him see the kids. All I want is for my children to be safe and not to keep waking up shouting no dada no hit mama it’s heart breaking that triggers when he abuses towards me
Mamaz&z - 7-Jul-21 @ 2:26 AM
I am having an issue with safeguarding with my 2 year old she has been left with an unknown person to myself her dad knows after 2 weeks and she has her overnight alone without him being there i am gravely concerned as she has adult children and her grandchildren in the house and i do not know where mybaby is help
Vicki patten - 14-Mar-21 @ 5:26 PM
My ex who I'm not married to cheated on me I have 3 children with him the youngest is nearly 4 2 weeks younger then the child he has with the woman who he was cheating with they now live together. I have never stopped him seeing girls but he broke the arrangements each time then never bothered to see them for monthsa year even I and the kids, got on with life now he has asked for visitation rights but laid out to me i want them to stay at my home overnight it will happen in 6 months if not I will take you to court. I am not happy with this first my young children have to build a relationship with their father by him keeping to arrangements and I have to build a trust relationship withhim that he will stick to arrangement he has also told me in six months he will introduce them to the children their half sibling he had while cheating with me. I am not ready for this I am not ruling this out but not in his time frame of six months when my kids know nothing about his other life. I dont know anything about this other woman and I dont feel happy I have explained to my ex that I am happy once again for them to build a relationship and if he keeps to it being consistent then down the line I wont rule it outbut he said no it will happen in 6 months time has always been a bully and intimidated me. What rights does he have to force me into an agreement in 6 months when I'm trying to be reasonable and put the childrens best interests first one of the children has special needs he knows nothing about her needs .i feel anxious and stressed about him takeing me to court we are not married. Do i have any rights i am trying to be reasonable with him about the kids but he wants it his way and threatening me with court. Am i being unreasonable by telling him he has to build a relationship with them first and be consistent with it and do i have to allow overnight stays in 6 months.
Aj - 18-Aug-20 @ 7:35 AM
April 2017 my ex was arrested from our home for abuse towards me when our child was present to. Since then I had began seeing someone the end of april, moved elsewhere come june and opened a business. He has since been charged for the assault and I have a restraining order against him and he had been arrested since for things nothing to do with myself or my concern. Since then my new partner has been helping me raise my daughter who was only 8 months at the time and she calls him daddy and doesnt recognise her birth father. My new partner and her have a normal father daughter bond and we are expecting another baby and are engaged. He would like to adopt her. Is this possible when the birth dad is on birth certificate, even though he pays nothing towards child, hasnt seen her in 3 years and took no steps forward to address his drinking or anger issues
Lj - 27-Jan-20 @ 4:53 PM
I spilt with my ex when my daughter was 21/2. At first see wouldn’t let me see her but then we seemed all ok. I’ve been with my new partner for five years now & my ex has been really amazing having my daughter over 204 nights per year but my ex won’t tell the truth about how many nights we have her. Now CSA are taking the money out of my wages & three times as much as I was paying her. I called CSA, but they said I was informed but I didn’t get a call or letter so can’t appeal! Is this right, also why don’t they take my word for what’s going on. My ex has just had a baby & said she’s on low money now while off work but that’s not my fault!! Please help me. I can’t afford the extra money & May have to stop seeing my daughter as much because can’t afford the petrol to get her! Thanks
Kelv - 4-Dec-19 @ 7:27 PM
Hi I have a 9 year old son and I have him 12 days out of 14. The father has now stopped payment. Full details below. But can he do this? Ans what actions should I take. I was admitted into hospital with liver problems which have been know before due to drinking and diet etc. My ex has known this for years ans never has it been an issue for his care. In hospital I reached out and have now been discharged and 100 timwa better. I asked my ex to look after my son whilw I was in hospital for a week ans since his regused to give him back ans now stopped money which is what I Use for rent etc. So his left me unable to pay bills that's normally used to keep a roof over his heat. Food etc.
Wenna - 10-Oct-19 @ 7:21 PM
Can anyone please help I have a letter from my ex lawyer to mine saying that I have them 6 nights 7 days over the 14 nights has been that way for over 2 year we both still say in the same area for the kids school but she met a man who lives in Glasgow and I believe that she is thinking of moving my kids to Glasgow from Edinburgh which means that they would need to change school and nursery also if she does move I would not be able to get them to school in the morning which would mean I would not be able to take the kids as much as I do is there any way to stop her changing the kids school or does she have final say on where they live and Go to school from a dad on his knees my kids are my life ?
Geo - 15-Aug-19 @ 6:58 PM
My ex and I are separated with 50:50 care of the children and alternative weekends. Over the last two weeks I’ve had bad news about my job and health which im struggling to cope with.A female friend invited me to go to a dinner to help me switch off but hat is on a night when I have the kids.Asked ex for help butsaid he can’t have the kids. I suggested using a baby sitter for a few hours, and the sh*t has hit the fan calling me irresponsible cause I fancy a night out for myself. What rights has he got to stop me getting a trusted baby sitter?
Sanzio - 16-Jul-19 @ 8:52 PM
Hi I don’t know what to do I have four young children. My eldest daughter is going to be 15 she screams at me demands. Often at 10 in the night she will say she needs me to buy her something for school if I don’t she will continue screaming too I get it. She argues with all my other children threatens me that she won’t have anything to do with me. She spends all her time in her phone sleeping til 12. I buy her everything she needs drop her at school pick her up if I am not on time she will phone my work none stop. I am starting to get ill with it all with chest pain. She has done this for 4 years. She gets money when she wants if she doesn’t she will scream at me. She threatens me that she will have nothing to do with me. Legally when can I tell her to move out. She is ruining my life she is never on time for school looses stuff is always late. If she is late and we go out without her she leaves me nasty messages and threatens she will never see me again. I am constantly getting chest pain my weekend are living hell. I went to my GP he said go to CAMs she won’t. She continues to bully me and threaten me. I really need her to move out. I just feel life is unbearable for me. Even if she sees I am struggling she mocks me. Where can I legally place her. The other children have had enough we tell her she has no remorse and doesn’t care one bit. I really need respite from her we all do so she will stop bulling us all. I am getting very ill and down she knows this but just shout at me.
Ariella - 4-May-19 @ 11:59 AM
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