two children run through fallen autumn leaves in woodland

What is parental responsibility? Who has parental responsibility?

What is parental responsibility?

Parental responsibility (also known for short as ‘PR’) is defined as ‘the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property’. Anyone who cares for a child is responsible for making the reasonable day-to-day decisions in relation to that child, even if they do not have PR, but only those with PR can make key decisions about issues regarding the child including their education, medical treatment, removal from the jurisdiction and accommodation.

Who has parental responsibility?

If a child’s parents are married or in a civil partnership when the child is born, they both have automatic PR. If they are not married or in a civil partnership when the child is born, only the mother automatically has PR of the child.

A father will have PR if he:

  • Is registered as the child’s father on the child’s birth certificate.
  • Enters into a PR agreement with the mother.
  • Obtains a PR order from the court.
  • Is named in a Child Arrangements Order as a person with whom the child is to live.
  • Is named in a Child Arrangements Order as a person with whom the child spends time with, and as a result the court feels it is necessary to then make a PR order in his favour.
  • Marries the mother or enters into a civil partnership with her.
  • Becomes the child’s Guardian.
  • Adopts the child.

If you need more information or advice on issues surrounding Parental Responsibility, please contact our Children team.

This article is part of a series on Parental Responsibility. If you would like to learn more about Parental Responsibility, please click here for the full series.