Parental Responsibility: Solicitors for Parental Rights Advice

Our specialist family law solicitors have assisted in many cases involving serious disagreements amongst parents. Disputes often arise from relationship breakdowns and fathers not being married to the mother of their child.

To speak to Lupton Fawcett today for advice, call us now on 0333 323 5292, email us or fill in the enquiry form on this page and we will get back to you at a convenient time.

What is Parental Responsibility?

It is difficult to determine exactly what parental responsibility is, but in simple terms, it is making choices for our children until they are old enough to make decisions by themselves. Examples include:

  • Choosing a name
  • Choosing where they will live
  • Deciding how they will be brought up
  • Deciding the schools they will attend
  • Giving consent to medical treatment
  • Choosing religious beliefs

These parental duties should be a joint effort between the mother and father, unless there is an emergency (for example, life-saving surgery) and a decision must be made quickly.

Mothers always have parental responsibility for their children and only adoption can take it away. Fathers automatically share parental responsibility if they are or have been married to the child’s mother or their name appears on the child’s birth certificate during registration or re-registration of the birth. However, in reality, the unmarried father will not be able to register his name without the consent of the mother.

As a child grows older, the extent of parental responsibility diminishes and there comes a point where children should be involved in decisions that affect them. Exactly when that point is reached and how it is done depends on the particular issues and the particular child.

The Team

Our expert solicitors are dedicated to providing one-on-one support during the process of applying for parental responsibility, including providing advice on parental responsibility agreements, registering on a birth certificate and child arrangements orders.

We will guide you through proceedings, offering guidance and support along the way to ensure you fully understand what’s happening, what your rights are and what the progress of your application is. We understand how important it is to be legally responsible for your child and will handle all matters with the care they deserve.

Please note this information is provided by way of example and may not be complete and is certainly not intended to constitute legal advice. You should take bespoke advice for your circumstances.

How Do I Get Parental Responsibility?

In most cases, it is fathers not married to the mother of their child and step parents who request legal parental responsibility; however, a person who is not a parent of the child can also apply for parental responsibility.

Parental responsibility can be acquired in several ways, including:

  • By the mother executing a parental responsibility agreement
  • By being registered on the birth certificate as the father
  • By the court making a parental responsibility order in the applicant’s favour following an application to the court
  • By obtaining a child arrangements order in respect of the child naming the applicant as either:
    • the person with whom the child is to live with;
    • The person with whom the child is to spend time with

In the final case, the court must also make a separate parental responsibility order in the applicant’s favour, if they do not already have parental responsibility for the child.

Who Can Apply For Parental Responsibility?

The court will take into consideration anyone who shows that their motivation is genuine, there is an attachment between the child and the applicant and there is a commitment of the applicant to the child. Once the above requirements have been considered a parental responsibility agreement can be made between the applicant and the persons who have responsibility for the child or by order of the court. Examples of people that can apply for parental responsibility includes:

  • Biological fathers
  • Step parents, including same-sex partners
  • Grandparents
  • Other family members
  • Carers

More than one person may have parental responsibility for the same child at the same time as it is often shared. Furthermore, people sharing parental responsibility are expected to behave in a responsible way and consult with each other before making important decisions (except in an emergency) but if there is a serious disagreement, a court can be asked to decide the issues.

Contact Us for Help

Our expert solicitors are dedicated to providing one-on-one support during the process of applying for parental responsibility, including providing advice on parental responsibility agreements, registering on a birth certificate and child arrangements orders. We understand how important it is to be legally responsible for your child and will handle all matters with the care they deserve.

If you require assistance in applying for parental responsibility, contact us today on 0333 323 5292, email us or fill in the enquiry form on this page and we will get back to you shortly.

Lupton Fawcett are a leading personal and commercial law firm in Yorkshire with well-established offices of highly experienced solicitors in LeedsSheffield and York.

We provide a personalised service, with sector specialists and extensive resources to ensure we are giving you the best solutions to your problems.

Our Family Law Solicitors act regularly for clients across the United Kingdom including Bradford, Birmingham, Hull, Leeds, Liverpool, London, Manchester, Sheffield, York and Nottingham.

We can support your needs wherever you live in England, Wales & Northern Ireland.

 

Why Choose Lupton Fawcett?

Having advised and supported many local families, individuals and businesses, we are proud to offer clients a dedicated service from specialist solicitors who are experts in their field:

We're Award Winning

We were awarded the Legal 500 HR/Employment Law team of the year in 2017

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