At stevensdrake solicitors, we are often approached by parents seeking advice about arrangements for their children following separation. That separation can be very recent or, indeed, many years ago. Sometimes a parent has been very much out of the picture for many years, and it can be unclear what input the other parent may have in relation to important matters relating to the child.

Parental responsibility encompasses the legal rights, duties and authority a parent or guardian has over a child and their property. For the purpose of this article, we are looking at issues in an arrangement where a child has two parents and no local authority (children’s services) involvement.

Major decisions under parental responsibility can include a child’s name, medical decisions, ie. immunisations, school and which religion, if any, they should follow. Those holding parental responsibility have an equal input in that decision-making process, regardless of who is the resident parent. 

Who has parental responsibility?

A mother automatically has parental responsibility from the birth of her child. A father will also have parental responsibility if he is married to the mother or named on the child’s birth certificate. An unmarried father who is not named on the birth certificate may obtain parental responsibility by entering into a parental responsibility agreement with the mother or by securing a parental responsibility order or a child arrangements order stating that the child lives with him.

There are other ways in which parental responsibility can be obtained, which we may explore in a future article.

Is it possible to lose parental responsibility?

Yes, it is possible, but there would have to be exceptional circumstances, with legal advice given based on the individual’s personal circumstances.

Does parental responsibility change if one parent has not had any involvement with the child for some time? Is it then for the resident parent to make all of the decisions?

No. The equal parental responsibility remains unless the court orders that it is removed or adoption proceedings conclude.

Is it enough simply to tell the other parent about a decision?

Simply informing the other parent is not the same as consulting them. If those with parental responsibility cannot agree on an important decision, such as which school the child should attend or whether they should receive a particular immunisation, an application may need to be made to the court for a specific issue order. 

What if a step-parent is involved and has taken the role of the non-resident parent? Can they make decisions?

Day-to-day decisions, such as what the child should have for dinner or what time they should go to bed, can be made by the parent with whom the child is staying at that time. That parent can delegate these minor decisions to another person, but this does not extend to major decisions, such as which school the child should attend.

If a step-parent has been significantly involved in a child’s life, everyone with parental responsibility can enter into a step-parent parental responsibility agreement. The step-parent would then also share parental responsibility. Alternatively, the step-parent may apply for an order through the court if they meet certain criteria, which we can advise upon.

If the non-resident parent is not paying maintenance, do I still have to consult with them?

Yes, provided they have parental responsibility. The obligation to consult them is separate from whether they are paying child maintenance. Parental responsibility can be removed in certain circumstances, although this is exceptional.

I want to take my child abroad on holiday. Do I need the other parent’s consent?

Yes, if the other parent has parental responsibility, unless you have a child arrangements order stating that the child lives with you. In that case, you can take the child abroad for up to 28 days.

However, we would generally advise providing the other parent with details of the trip, including the dates the child will be outside the country and where they will be staying. If the trip interrupts the child’s time with the other parent, you may be able to agree alternative arrangements, such as replacement time or telephone or Teams calls while the child is away.

This does not override any provision within a child arrangements order concerning time spent with the other parent, unless they agree to the change or the court makes an order permitting it.

How can we help?

We advise parents and other relatives on private children law matters, including parental responsibility, ‘lives with’ and ‘spends time with’ arrangements, specific issues and relocation. We can help you understand the relevant law and the options available to you.

We are also one of the few firms with a dedicated alternative dispute resolution service and an in-house qualified family mediator. In suitable cases, we can advise both parents in a neutral capacity, which may offer a more cost-effective and time-efficient way forward.