Parenting Rights in the UK – Full Guidance

Children Act 1989 – Legal Definition

Section 3 of the Children Act 1989 defines parental responsibility as the rights, duties, powers, responsibilities and authority which by law a parent has in relation to the child and the child's property.

Financial Responsibility Is Separate

GOV.UK makes clear that a parent must financially support their child whether or not they have parental responsibility.

Having or not having parental responsibility does not remove financial responsibility towards a child.

Birth Certificate Dates Differ Across the UK

The exact date on which joint birth registration gave an unmarried father parental responsibility differs between UK nations.

• England and Wales: joint registration on or after 1 December 2003
• Scotland: registration on or after 4 May 2006
• Northern Ireland: joint registration on or after 15 April 2002

Different rules can also apply to:

• same-sex parents
• fertility treatment
• adoption
• surrogacy

Parental Responsibility Agreement

In England and Wales, a father can use Form C(PRA1) where the legal requirements are met and the mother agrees.

Applying to Court

If an agreement cannot be reached, GOV.UK says a person connected to the child, such as the father, can apply for a parental responsibility order.

The form is:

Form C1

The current court fee is £270.

Help with Fees may be available for people on a low income or receiving certain benefits.

Important Clarification About “Excluding” Another Parent

Parental responsibility itself does not guarantee physical contact or time with the child.

GOV.UK says a separated parent with parental responsibility must normally be included in important decisions about the child's life.

However, if parents disagree about where a child lives or whether contact takes place, the dispute may need to be resolved through agreement, mediation or the Family Court.

Routine day-to-day decisions do not normally require every person with parental responsibility to agree.

School Information

In England, Department for Education guidance says schools should understand and respect the rights of separated parents.

Maintained schools have duties concerning access to educational records, and separation by itself does not remove a parent's legal status.

A court order may affect what information or access is appropriate.

Medical Information Is More Complicated

Having parental responsibility can allow a parent to request information about a child's healthcare.

However, it is not an unrestricted right to every medical record.

Healthcare professionals must also consider:

• the child's age
• the child's maturity and understanding
• confidentiality
• whether the child can make their own decision
• the child's best interests

A competent child may be able to consent to or refuse disclosure of confidential health information.

Legal Definition

Under section 8 of the Children Act 1989, a Child Arrangements Order can regulate:

• with whom a child lives
• with whom a child spends time
• other forms of contact
• when those arrangements happen

Presumption of Parental Involvement

In relevant England and Wales proceedings, the Children Act 1989 contains a presumption that involvement of a parent in a child's life will further the child's welfare unless the evidence shows otherwise.

However, the Act defines involvement as:

involvement of some kind, either direct or indirect

and specifically says it does not mean any particular division of the child's time.

Therefore the presumption is not a presumption of 50/50 care.

Mothers and Fathers Use the Same Welfare Test

Child Arrangements proceedings are not legally decided by asking whether a mother or father has the stronger parental entitlement.

The court applies the child's welfare test.

Relevant considerations can include:

• the child's wishes and feelings
• physical, emotional and educational needs
• the likely effect of changes
• risk of harm
• each parent's ability to meet the child's needs

Relocation Within the UK

“Opposing relocation” does not mean a parent with parental responsibility automatically has a veto over every house move.

Where a proposed move would materially affect the child's schooling, existing Child Arrangements Order or relationship with the other parent, legal advice may be needed.

A parent may consider a:

• Prohibited Steps Order
• Specific Issue Order
• application to vary a Child Arrangements Order

If There Is No Existing Court Order

If there is no Child Arrangements Order, there is no order to “enforce”.

A parent may instead need to:

• try to agree arrangements
• consider mediation where safe
• apply for a Child Arrangements Order

If a Child Arrangements Order Is Already in Place

A Child Arrangements Order is legally binding.

Where it is not followed, a parent can consider enforcement using Form C79.

The court will consider what happened, whether there was a reasonable excuse and what outcome best serves the child's welfare.

Practice Direction 12J

PD12J applies where domestic abuse is:

• alleged
• admitted
• or there is other reason for the court to believe it may be relevant

The court must identify relevant factual and welfare issues and decide whether disputed allegations need to be determined.

Where domestic abuse is established, contact should only be ordered where the court is satisfied that the child's physical and emotional safety can, as far as possible, be secured and the arrangements are in the child's best interests.

A Fact-Finding Hearing Is Not Automatic

The Family Court decides whether disputed allegations need a separate fact-finding hearing.

The key question is whether deciding the disputed facts is necessary to determine:

• risk
• safeguarding
• the child's welfare
• the appropriate child arrangements

Official Rule – 28 Days

GOV.UK states that a person named in a Child Arrangements Order as someone the child lives with can normally take the child abroad for up to:

without obtaining permission from everyone else with parental responsibility, unless the court order says otherwise.

This is sometimes described informally as “one month”, but the statutory rule is 28 days.

Taking a Child Abroad Without Permission Can Be Child Abduction

GOV.UK states that you must generally obtain permission from everyone with parental responsibility or from the court before taking a child abroad.

Taking a child abroad without the required permission can amount to child abduction.

Passports

Someone with parental responsibility must make a child passport application.

Passport rules can become more complicated where:

• there is a court order
• parents disagree
• the child's name is being changed
• more than one person holds parental responsibility

MIAM Does Not Mean You Must Mediate

A MIAM is primarily an information and assessment meeting.

Attending a MIAM does not force either parent to reach an agreement or continue into mediation.

Family Procedure Rule 3.8 sets out formal exemptions.

Family Mediation Voucher

Eligible families can currently receive a contribution of up to £500 towards family mediation.

Current Court Fee

The current standard fee for many new Children Act applications is:

Fees can change, so check the current HMCTS fee schedule before applying.

Permission Is Often Required First

Cafcass confirms that wider family members such as grandparents will commonly need to ask the court for permission before making a Child Arrangements application unless they fall into a category that can apply without permission.

When deciding whether to give permission, the court can consider:

• the nature of the proposed application
• the applicant's connection with the child
• whether the application might disrupt the child's life in a harmful way

Step-Parent Parental Responsibility Agreement

In England and Wales, an eligible step-parent can obtain parental responsibility through an agreement using:

Form C(PRA2)

GOV.UK states that both living parents who already have parental responsibility must agree.

The legal position changes when a step-parent receives parental responsibility, so the official guidance recommends obtaining legal advice before making the agreement.

A Child Arrangements Order Does Not Always Give Parental Responsibility

If a non-parent is named in a Child Arrangements Order as someone the child is to live with, that person can obtain parental responsibility for the duration of the order.

Merely being named as someone the child spends time with does not automatically give parental responsibility unless the court specifically provides for it.

Children Act 1989 – Welfare Checklist

Section 1 requires the court in relevant proceedings to consider factors including:

1. the child's ascertainable wishes and feelings, considered in light of age and understanding
2. physical, emotional and educational needs
3. the likely effect of any change in circumstances
4. age, sex, background and relevant characteristics
5. harm suffered or risk of suffering harm
6. how capable each parent or relevant person is of meeting the child's needs
7. the range of powers available to the court

The “No Order” Principle

The Children Act also says the court should not make an order unless making the order would be better for the child than making no order at all.

This is one reason parents are encouraged to agree safe and workable arrangements themselves where possible.

Child Maintenance Does Not Buy Contact

A parent does not gain contact rights by paying child maintenance, and a child-maintenance obligation does not disappear because a parent is not seeing the child.

GOV.UK – Parental Responsibility

Who Has Parental Responsibility?

Apply for Parental Responsibility

Children Act 1989

Cafcass – Parenting Plans and Child Arrangements

Citizens Advice – Child Arrangements

Family Procedure Rules

Family Mediation

Help With Court Fees

Legal Aid

If Parents Cannot Agree

The Family Court can resolve certain parental responsibility disputes using:

• Specific Issue Order – asking the court to decide a particular issue
• Prohibited Steps Order – preventing a specified step being taken without the court's permission