Apply For Parental Responsibility

Parental responsibility is one of the most important legal concepts in family law. It defines the rights, duties, powers, and responsibilities that a parent has in relation to their child. If you need to apply for parental responsibility, having a team of expert family law solicitors on your side can be invaluable. At Birch & Co., we specialise in family law. We offer top-class legal advice combined with compassion and empathy, and we will carefully explain how to apply for parental responsibility in plain English.

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What Is Parental Responsibility?

In simple terms, parental responsibility means having the right to a legal say in key aspects of a child’s upbringing. That includes having input on important matters such as:

Changing the child’s name.
Being consulted about your child’s education, health, and welfare.
Being involved in medical decisions relating to your child.
Giving consent to medical treatment.
Being involved in legal proceedings concerning the child.

Having parental responsibility is not about making day-to-day decisions relating to the child. It is about having a recognised legal right to have a say in decisions that have a marked impact on their life.

Parental responsibility must always be exercised in the child’s best interests. It does not give one parent the right to overrule another, and in cases of serious disagreement, the family court can be asked to decide.

Who Has Parental Responsibility For A Child?

Whether or not you automatically have parental responsibility depends on your relationship to the child and certain legal factors.

• Mothers

A child’s biological mother automatically has parental responsibility from birth, regardless of her marital status.

• Married Fathers

If the child’s parents are married, or were married at the time of the child’s birth, the father automatically has parental responsibility.

• Unmarried Fathers

Unmarried fathers do not automatically have parental responsibility unless they are named on the birth certificate.

How Do You Apply For Parental Responsibility?

If you do not have parental responsibility automatically, there are several ways in which you can acquire it. The right method will depend on your relationship with the child, the other parent’s cooperation, and the family circumstances. Our family law solicitors will consider your circumstances and advise you on the best course of action.

Some of the ways in which you can apply for parental responsibility include the following:

• By Agreement

If both parents agree that you should have parental responsibility, you can enter into a Parental Responsibility Agreement between yourselves.

A Parental Responsibility Agreement is a formal legal document signed by both parents and witnessed by a court officer. The agreement must be registered with the court to be valid.

Entering into a Parental Responsibility Agreement is often the simplest, cheapest, and least confrontational route to obtain parental responsibility.

• By Court Order

If entering into a Parental Responsibility Agreement is not possible, you can apply for parental responsibility to the family court.

When you apply for parental responsibility, the court will consider several factors when deciding whether to grant the order. They include the following:

The commitment you have shown to the child, such as regular contact, financial support, and involvement in their life.
The nature of your relationship with the child.
Your reasons for applying for parental responsibility.

In practice, the court is likely to grant parental responsibility to a biological father who has played an active and positive role in the child’s life, unless there are strong reasons not to do so. Every case is different, though, and there are no hard and fast rules. As is the case with all matters involving a child, the judge will base their decision on what they believe would be in the child’s best interests.

How Can We Help When You Need To Apply For Parental Responsibility?

Applying for parental responsibility can seem straightforward, but the legal and emotional implications are significant. Mistakes in paperwork, disagreements between parents, or complex family circumstances can further complicate matters.

Our specialist family law solicitors can help you through the entire process from start to finish, offering advice and guidance on pertinent issues such as the following:

The most appropriate route to obtain parental responsibility in your circumstances.
Completing and filing the relevant documentation.
Negotiating with the other parent where relevant and possible.
Representing you in court if the application is disputed.

Professional advice can make the process smoother, reduce delays, and improve your chances of success.

If you are unsure about your rights or need help applying for parental responsibility, our experienced family law team at Birch & Co can guide you through every step. We offer practical advice, compassionate support, and clear representation to help you secure your place in your child’s life.