• Birth mothers automatically have PR.

• Married birth fathers automatically have PR and do not lose it even on divorce.

• Unmarried birth fathers do not have automatic PR but may obtain it by

  • marrying the birth mother

  • having their name registered or re-registered on the birth certificate

  • making a Parental Responsibility Agreement with the mother

  • obtaining a Parental Responsibility Order from the court

  • obtaining a Residence Order from the court.

Step-parents do not have Parental Responsibility.  However, step-parents, like unmarried birth fathers, are legally responsible for the care and well-being of children who live with them, for ensuring they attend school, etc.

What is a Parental Responsibility Order?

This is an order that specifies who has PR. PR is then shared between the holder and any birth parent who has PR. An unmarried birth father can apply for PR this way. A married step parent can also apply for PR this way.

What is a Parental Responsibility Agreement?

This is a consensual arrangement made by the mother and the unmarried birth father acting together. It is a legal document and means that the parents have agreed to share parental responsibility. A step-parent married to a birth parent may obtain PR in a similar way if all those with PR give consent to the agreement.

This is a formal agreement which is signed in the presence of a solicitor.

The judge will hear from the applicant, any other persons with parental responsibility, birth parents, and the child (where appropriate). The judge will also hear from at least one social worker to ensure any decision made is in the best interests of the child.

How do I apply for Parental Responsibility?

You will need to complete the appropriate application form for your order which you can get from any court.

Do I need to instruct a solicitor?

You may want to get legal advice before you apply to court although this is not absolutely necessary. You can get advice from Citizens Advice Bureau and some other voluntary organisations.

Which court do I apply to?

The Family Proceedings Court (part of the Magistrates Court) can deal with straightforward cases. If you believe the case is likely to be complex or contested you may prefer to apply to a County Court.

Is there a cost?

The current fee for private applications to court is £140 per application. In certain cases this can be waived.

What happens in court?

The court will set aside time for one or more hearings. They will enable birth parents and all those with PR to be heard. A social worker – from the local authority, Cafcass or both – will be required to investigate the circumstances and report to the court. The judge or magistrate will only make an order if they believe it is in the best interests of the child. They may suggest an alternative order to the one applied for.

There are a number of orders available to a court which grant the holder Parental Responsibility (PR). These are described below.

The court may decide that none of the orders below are appropriate or that an order to formalise the child's contact with the absent parent is the best solution.

Residence Order

This is an order that specifies arrangements to be made as to the person with whom a child is to live. This named person automatically has PR for the child and this is shared with any one else who has PR (usually birth parents). The order lasts until the child reaches the age of 16 or 18.

A Residence Order will not sever the legal ties of the child to their birth parents.

Special Guardianship

This order gives the holder a more permanent arrangement but it is not lifelong like an adoption order. A carer secures PR for the child which enables them to make decisions for the child up to a child’s 18^th birthday. Birth parents with PR retain residual PR so the family link is maintained. There may be several persons sharing SGO status, not necessarily living at the same address.

Adoption Order

Adoption is a legal way of providing a new family for children who cannot be brought up by their own parents. Birth families may be encouraged to retain some contact with the child to assist with their identity.

When does Parental Responsibility (PR) end?

In general PR orders last until a child is 18.

Can PR be taken away?

• Only when adoption takes place, can a birth mother lose Parental Responsibility.
• If the father was married to the mother when the child was born and subsequently divorced her, he does not lose Parental Responsibility (unless the child is adopted).
• If a father acquired Parental Responsibility via a Residence Order, he will not lose it on its expiry, unless a specific Order discharges it.

Can I change the child's surname?

Only if all Parental Responsibility holders consent to the change of name. If the Parental Responsibility holders do not agree, the parent seeking to change the name needs to obtain a court order permitting the change, a Specific Issue Order [Children Act 1989, s. 13(1)(a)].

For further information about changing a name by deed poll see: www.deedpoll.org.uk or call 0800 7833048

Can I take the child abroad?

Any person in whose favour a Residence Order has been made can remove a child from the country for up to one month without the consent of any other Parental Responsibility holders.

However, if they wish to remove a child for longer than this, or permanently, such consent is required [Children Act 1989, s. 13(1)(a)]. Any person in whose favour a Special Guardianship Order has been made can remove a child from the UK for up to three months without the consent of the birth parent/s.