A crucial element of parenting is making key decisions for your child. Where the child goes to school, their legal name, and what healthcare decisions they make all fall under the scope of parental responsibility.
Usually, the child’s biological parents will both hold parental responsibility and, as such, can make critical decisions towards the child’s welfare. However, there are several instances where this is not the case, and parental responsibility can be confusing. If you do not have parental responsibility, you legally cannot take a child abroad or accept medical decisions on their behalf, meaning that clarity is paramount.
There may, unfortunately, also be times when you feel a child’s parent is acting irresponsibly. In some cases, you may wish to ensure that a parent’s responsibilities are limited to protecting the child's welfare through a Prohibited Steps Order or Specific Issue Order.
It is crucial to enlist specialist advice if you feel confused about parental responsibility boundaries or wish to protect your child's welfare. Our parental responsibility solicitors in London have years of experience dealing with countless unique cases, working tirelessly to protect the child's best interests.
Speak to our parental responsibility solicitors in London today
Contact our expert parental responsibility lawyers in London now by calling 0330 025 0176 or use the contact form on this page for a prompt response.
For other related queries, please contact our child law solicitors or our family law solicitors in London.
How our parental responsibility solicitors can help you
Prohibited Steps Order
If you are concerned about your child's welfare due to their other parent, acquiring a Prohibited Steps Order (or PSO) may be possible. This legal order is applied when there is a legitimate concern that a child’s welfare is in jeopardy. Individuals with parental responsibility for a child can apply for a PSO on their child’s behalf.
Applying for a PSO can be a lengthy process, frequently taking around eight weeks to complete. If you feel the situation is urgent, an emergency PSO can be granted almost immediately, which lasts until the outcome of a hearing. A court is likely to grant a PSO if they determine the child is at risk of abduction or harm, is undergoing significant lifestyle changes or is spending time with an erratic or unreliable parent.
At HPLP, we understand the stress that dealing with an irresponsible parent can bring. If needed, we will provide bespoke advice and representation to ensure that your child is secure and in the best situation for their wellbeing. If you have any queries about PSOs, please do not hesitate to contact our child law solicitors or our family law solicitors in London.
Specific Issue Order
A Specific Issue Order (or Section 8 Order) is granted by the family court when there are disagreements between those with parental responsibility. The intention is to reach a decision regarding a dispute, such as the school a child should attend, whether they should be vaccinated or whether they should leave the country.
You must apply to the family court to get a Specific Issue Order. If you fail to resolve the issue through mediation, you must proceed with a process of approximately three months to obtain a Specific Issue Order.
Rest assured that the court’s decision depends on their perception of a child’s wellbeing. If you would like advice on Specific Issue Orders or would like clarity on the process, please do not hesitate to contact our child law solicitors or our family law solicitors in London.
Parental responsibility FAQs
What is parental responsibility?
By definition, parental responsibility is ‘all the rights, duties, powers, responsibilities and authority’ that a parent of a child legally has about their child. If you have parental responsibility over a child, you are legally permitted to make decisions regarding your child’s upbringing.
Parental responsibility includes taking care of your child, giving them food and a home, making critical decisions in their life such as healthcare and education, and deciding legalities such as the child’s legal name, whether or not the child leaves the country (i.e., on holiday), and religion.
If you would like to apply for parental responsibility, you can either apply through a court or by obtaining a parental responsibility agreement. You must consult experienced solicitors to clarify your parental responsibility status. At HPLP, our parental responsibility lawyers have years of experience offering practical guidance in what can be a stressful period.
Who has parental responsibility?
In England and Wales, a mother has parental responsibility from birth, even if donated eggs were used. A mother will have sole parental responsibility unless another parent meets one of the following criteria:
- A father married to the birth mother will have responsibility (even if the marriage occurred following the birth of the child).
- An unmarried father listed on the birth certificate will have parental responsibility.
- Same-sex parents will both have parental responsibility if they were married or in a civil partnership before conception.
- For unmarried same-sex parents, the mother who carries the child will gain parental responsibility, and the other can achieve it by adding their name to the birth certificate.
Fathers do not automatically have parental responsibility, and without acquiring it, they will be unable to undertake responsibilities relating to the child, such as giving permission for medical treatment or taking a child out of the country.
If you have questions about parental responsibility and rights, do not hesitate to call our specialist parental responsibility lawyers for a free consultation.
What is a Parental Responsibility Order?
A Parental Responsibility Order is placed when parents cannot agree on whether a party should have parental responsibility and thus cannot consent to a parental responsibility agreement. If you are seeking parental responsibility, you must apply to the court to acquire a Parental Responsibility Order. The court will assess the case, ensuring the child's best interests are paramount.
Enlisting specialist solicitors to construct the best case if you are applying for a Parental Responsibility Order is crucial. At HPLP, our years of experience will guarantee you a robust case that gives you the highest chances of obtaining parental responsibility.
When does parental responsibility end?
Parental rights will always end on the child’s 18th birthday. However, it can end before that date in circumstances such as the child being adopted or if parental responsibility was granted through a Child Arrangements Order, which has since expired.
Can a parent give up parental responsibility?
Voluntary termination of parental rights is only possible in exceptional circumstances. It is almost impossible for a mother to give up parental rights. An exception arises if a child is adopted when biological parents will sign over parental rights. It is very difficult to remove parental responsibility from a father unless the father is abusive or denies the child medical treatment. A Prohibited Steps Order or Child Arrangements Order can be placed if the court feels a father is negatively impacting a child’s welfare. It is important to note that the aforementioned orders do not remove parental responsibility but limit how a parent can exercise said responsibility.
If you feel your child is under threat by a parent, please contact one of our parental responsibility solicitors in London for a consultation to provide bespoke advice for your situation.
Speak to our parental responsibility solicitors in London today
Contact our expert parental responsibility lawyers in London now by calling 0330 025 0176 or use the contact form on this page for a prompt response.
For other related queries, please contact our child law solicitors or our family law solicitors in London.