Understanding Parental Responsibility.
Parental Responsibility governs the rights, duties, powers, responsibilities and authority in relation to a child. It confers legal status in issues of the child’s health, education and welfare.
Important things to bear in mind include:
- A mother has parental responsibility automatically.
- Parental Responsibility is retained even if the parents separate and regardless of who the child lives with.
- A father of a child born after 1st December 2003 (who is named on the birth certificate) shares parental responsibility with the mother.
Otherwise a father does not acquire it unless:
- The parents of the child are married.
- The parents enter into a Parental Responsibility Agreement.
- A Court makes a Parental Responsibility Order.
- A Step-Parent Parental Responsibility Agreement is made.
Any other person who has been granted a Child Arrangements Order or a Residence Order will also be granted parental responsibility for so long as the order remains in force.
How can Prism Family Law help?
We can assist with Parental Orders for non-biological parents, same sex families and surrogate parents. If you have queries regarding Parental Responsibility then contact us on 0191 269 6871 or via email legal@prismfamilylaw.co.uk.
Legal Aid Eligibility
If you’re seeking or disputing parental responsibility, legal aid may be available in cases involving domestic abuse or risk to a child.
Legal aid typically applies when there’s evidence of harm, abuse, or safeguarding concerns. You’ll need to meet financial requirements and may need to provide documentation supporting your case.
You can learn more about how legal aid works in these cases on our Legal Aid page.
- Legal aid may apply where abuse or child welfare is involved.
- Financial and case-related eligibility tests apply.
- Evidence of circumstances is often required.
You can find more details about the criteria for legal aid in family law and what’s needed on our Legal Aid page.