Parental Responsibility Order

A Parental Responsibility Order plays a crucial role in family court proceedings, particularly where a child’s parents are separated or unmarried, or where a family’s situation is unusual or complex.

At Birch & Co, we specialise in supporting families in our local community and further afield with all aspects of family law and practice, including Parental Responsibility Orders. Established in 2000, we have grown rapidly to become a leading law practice in the Northeast.

We get to know each and every one of our clients, so we can provide the legal advice and support they need, whatever their issue. We couple exceptional legal advice with the friendly, welcoming approach you would expect from a local firm, and we are committed to keeping our costs affordable.

Reach out to Birch & Co’s specialist and supportive team today. Call us on 0191 284 5030 or complete a Free Online Enquiry now to get a bespoke fixed price estimate.

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What Is Parental Responsibility?

Parental responsibility encompasses “all the rights, duties, powers, responsibilities and authority which by law a parent has in relation to the child and his property.”

In practice, this means that someone who has parental responsibility for a child has a legal say in all major decisions concerning that child’s upbringing, including the following:

Choosing which medical treatment the child should receive.
Deciding where the child lives and with whom they spend time.
Determining the child’s education.
Deciding on the child’s religion and cultural upbringing.
Taking the child abroad.
Changing the child’s name.

Who Automatically Has Parental Responsibility For A Child?

The law automatically gives parental responsibility to specific individuals in a child’s life. They are as follows:

Birth mothers
Fathers who are married to the mother at the time of the child’s birth
Fathers who are listed on the child’s birth certificate

This means that unmarried fathers do not automatically have parental responsibility for their children. They only get parental responsibility if one of the following circumstances exists:

They jointly registered the birth of the child with the child’s mother (from 1 December 2003)
They enter into a parental responsibility agreement with the child’s birth mother
They obtain a Parental Responsibility Order from a court

Who Has Parental Responsibility In Same Sex Couples?

The law relating to who has parental responsibility in same sex couples is as follows:

• Mothers In Same Sex Relationships

The birth mother always has automatic parental responsibility for her child. If the birth mother is married or in a civil partnership at the time of conception), her wife or civil partner will also automatically have parental responsibility.

If the birth mother was not married or in a civil partnership at the time the child was conceived, the non-birth mother can acquire parental responsibility if she is:

Named on the birth certificate (for births registered after 6 April 2009), or
Enters into a Parental Responsibility Agreement with the birth mother, or
Obtains a Parental Responsibility Order from the court.

• Fathers In Same Sex Relationships

If a child is conceived through a surrogate, the child’s birth mother automatically has parental responsibility. If she is married, her spouse also has parental responsibility. The intended fathers do not automatically have parental responsibility, even if one of them is the genetic father, unless they are listed on the child’s birth certificate.

As a result, for same sex fathers who use a surrogate to have a child to obtain parental responsibility, they must either apply for a Parental Order or adopt the child.

What Is A Parental Responsibility Order?

A Parental Responsibility Order gives parental responsibility for a child to individuals who do not automatically have it, such as unmarried fathers, stepparents, or other guardians. If successful, the applicant obtains the legal right to participate in important decisions affecting the child.

How Do You Obtain A Parental Responsibility Order?

The process involved in obtaining a Parental Responsibility Order can be complex and overwhelming for those who have not navigated it before. A general overview of the process is as follows:

File an application at court. However, before doing so, you will likely need to attend a Mediation Information and Assessment Meeting (MIAM) so that a trained mediator can assess your case’s suitability for mediation. While mediation is a voluntary process, it is usually highly advisable to explore it if possible. Mediation tends to be quicker and cheaper than litigation and is usually less stressful for those involved.
Serve the application on those who has parental responsibility for the child.
Attend the hearing. When considering whether to grant a Parental Responsibility Order, the court’s overriding concern is always what would be in the best interests of the child.

Our specialist family law solicitors will support and guide you through the process, answering any queries or concerns you may have.