Parental responsibility
Parental responsibility is the legal right and duty to make important decisions about a child’s upbringing. Rushton Family Law advises parents and step-parents on who holds parental responsibility, how to obtain it, and what happens when those who share it can’t agree.
Parental responsibility at a glance
- Parental responsibility gives a say in major decisions about a child, such as education, medical treatment and religion.
- A mother always has it automatically, and a father has it if he was married to the mother or is named on a birth certificate registered after 1 December 2003.
- Unmarried fathers and step-parents can obtain it by agreement or court order.
- Gaining parental responsibility doesn’t remove it from anyone else.
- Where those who share it can’t agree, the court can decide.
Specialist Divorce and Family Lawyers
Rushton provides discreet representation for divorce, financial settlements, and arrangements for children. We treat every case with the care it deserves, without losing sight of what actually needs to get done.
When it really matters
Getting advice on parental responsibility
We start by understanding your family’s circumstances. That means your relationship to the child, whether you were married to or in a civil partnership with the other parent, whether you are named on the birth certificate, and what role you currently play in the child’s life.
From there, we will tell you whether you already have parental responsibility and, if not, the best way to obtain it.
What parental responsibility covers
Parental responsibility gives a say in the major decisions in a child’s life. These include education, medical treatment, religion, a change of name, and taking the child abroad. It doesn’t cover everyday decisions, which are usually made by the parent the child is with at the time.
Who has parental responsibility
A child’s mother has parental responsibility automatically. A father has it if he was married to the mother when the child was born, or if he is named on the birth certificate for a birth registered after 1 December 2003. Similar rules apply to a second female parent in a same-sex couple.
Parental responsibility for fathers
An unmarried father who doesn’t have parental responsibility can obtain it by agreement with the mother, through a formal parental responsibility agreement, or by applying to court for a parental responsibility order.
Parental responsibility for step-parents
A step-parent who is married to or in a civil partnership with a parent can obtain parental responsibility by agreement with everyone who already holds it, or by court order. It doesn’t remove parental responsibility from anyone else.
When those with parental responsibility disagree
Parental responsibility is shared, and no one holder can override another on a major decision. Where you can’t agree, the court can decide the issue or prevent a particular step from being taken.
Our Team
Our team of specialist family solicitors offer expert advice in proportion to what’s at stake for you. We advise on all areas of family law and bring the same care and high standard to every family we work with.
Amie Pine
Partner - Divorce & Family
Emma Shortland
Associate
Ella Perry
Assistant Solicitor
Samantha Patel
Legal Support Assistant
Reviews and testimonials
Firstly, Amie Pine. This particular solicitor is an absolute master of her craft. She's knowledgeable, caring, understandable, professional and always one step ahead
The second person I would like to mention in my review is Emma Shortland. Her knowledge of the law is incredible. Please don't let her age put you off, as upon those very young shoulders is a very wise head.
Amie was brilliant helping me through and managing my divorce financials both professionally and personally, cannot recommend enough, thanks again Amie!
I recently went through a difficult divorce, and I cannot express enough gratitude for the exceptional service provided by my solicitor, Amie Pine.
From the very beginning, Amie provided clear, concise guidance and her expertise, professionalism, and compassion made a significant difference during this challenging time.
Amie was always available to answer my questions, no matter how trivial they seemed, and provided reassurance during the most stressful moments.
Amie was not only a legal advisor but also a pillar of support, helping me navigate the emotional and financial aspects.
Thank you, Amie, for making a difficult time more manageable and for helping me move forward with my life.
Amie Pine has helped me get through a financially and emotionally challenging divorce with great empathy, expert advice and the utmost professionalism.
She is always responsive and worked quickly to ensure the matter progressed despite the other party's delays and unreasonable demands. Thank you Amie - it's been a real pleasure having you represent me.
Nicola and the team are the best support you could ask for at the most difficult of times.
As well as being knowledgeable, forward thinking, organised and hard-working, [Nicola] has empathy and goes above and beyond for her clients.
I feel safer and not alone, knowing that I have Nicola's support - securing her to act for me was a huge weight lifted. No matter what the result, I am confident that she will have secured the best outcome possible.
outstanding legal representation when it really matters
FAQs
A father with parental responsibility has the same say as the mother in major decisions about the child. There’s no automatic right to equal time, but the court starts from the position that a child benefits from both parents being involved, unless that would put the child at risk.
How we work
An experienced family solicitor will run your matter from the first meeting onwards, and you will deal with them directly rather than being passed between members of a team.
Part of their job is to help you decide where your time and money are best spent. In most divorces there are points worth pressing and points that make little difference to the end result, and we will be straightforward with you about which is which.
A lot of matters are resolved through negotiation or mediation, and where that is realistic we will recommend it. Where it is not, because the other side will not engage, or disclosure is incomplete, or the issues are genuinely contested, we will advise you on taking the matter to court and act for you there.
Rushton Family Law is the sister brand of Vardags. If your case involves complex finances or international issues, we will introduce you to the Vardags team.
Request a confidential call
Please share a few details about your circumstances and one of our specialist family lawyers will contact you at a convenient time. If a telephone call is not suitable, please let us know your preferred method of contact.
