Parental Responsibility Parental Responsibility

Examples include:

• Education: choosing and changing schools; agreeing to special educational support; accessing school reports and meetings.
• Medical: consenting to routine and non-urgent treatment; accessing medical records; making decisions about vaccinations and elective procedures.
• Religion and culture: deciding on religious upbringing and participation in religious ceremonies.
• Name: consenting to a change of the child’s surname or forenames.
• Travel and relocation: consenting to travel abroad and, where relevant, relocation within or outside England and Wales.
• Day-to-day care: deciding where the child lives, routines, dietary choices, and other everyday matters (often exercised by the resident parent or carer).

A person with PR is expected to consult others who also have PR before making major decisions. –

PR does not give a right to interfere with day-to-day decisions when the child is with the other parent or carer, unless major issues are involved.

Schools, doctors and other agencies will usually ask who has PR and may require evidence.

Who Automatically Has Parental Responsibility at Birth

• The child’s mother automatically has PR at birth.
• If the parents are married or in a civil partnership with each other at the time of the child’s birth, both parents automatically have PR.
• An unmarried father may or may not have PR at birth, depending on circumstances:
• If he is named on the child’s birth certificate at registration or re-registration (in England and Wales), he has PR.
• If he is not named, he does not automatically have PR and will need to acquire it by one of the routes below.

How an Unmarried Father Can Acquire Parental Responsibility

If not acquired automatically at birth, an unmarried father can obtain PR through one or more of the following:

• Being named on the birth certificate: where the father attends registration with the mother or is added by re-registration.
• Parental Responsibility Agreement: a formal agreement with the mother. It must be signed by both parties and properly witnessed, then lodged as required so it is effective. Once registered, the father has PR.
• Parental Responsibility Order: an application to the Family Court for an Order granting PR. The Court considers the father’s commitment to the child, the attachment between father and child, and the reasons for the application.
• Child Arrangements Order specifying that the child “lives with” the father: a “lives with” Order automatically confers PR for the duration of the Order, and commonly beyond as specified by law.
• Adoption: if the father adopts the child, he acquires PR.

Sharing and Exercising Parental Responsibility

PR can be held by more than one person at the same time. Key points include:

• Consultation: those with PR should consult one another about major decisions, such as schooling, non-urgent medical procedures, international travel, religious upbringing and name changes. Written consent is advisable for travel abroad and name changes.
• Day-to-day decisions: the person with whom the child is spending time usually makes ordinary, day-to-day decisions during that period.
• Disagreements: if agreement cannot be reached, options include:
• Mediation: an independent mediator helps parents reach a practical agreement. Mediation is often a pre-condition before Court applications in non-urgent cases.
• Legal advice and correspondence: solicitors can help narrow issues and record agreements.
• Court applications: the Family Court can determine specific issues or prohibit certain steps.