Parental Responsibility

A mother who gave birth to a child has PR.

A father who is named on the child's birth certificate has PR.

If a child’s parents are married or in a civil partnership with each other when the child is born, both of them automatically have PR and if two parents marry after the child is born, the father also automatically has PR. 

A child's parents can agree that a father who is not named on their child's birth certificate and who have not married has PR for a child. This is called a PR agreement (see below).

The court can make an order giving a father PR for their child.

There are other circumstances whereby someone can obtain PR for a child (for example by obtaining an order from the court that a child lives with them, entering into a step-parent PR agreement).

More than one person can have PR for a child at the same time, and a person with PR does not lose it solely because another person acquires PR.

No.  Having (or not having) PR does not determine whether a parent has an obligation to provide for the child financially.  More information about Child Maintenance obligations can be found here.

Except in certain specific circumstances (see below) someone with PR may act act alone in exercising that PR (see section 2(7) of the Children Act  1989).

The situations where a person with PR is not allowed to act alone with respect to the exercise of PR include the following:

• Someone who has PR for a child cannot do something which is incompatible with an order made by the Court (see section 2(8) of The Children Act 1989).

• Someone who has PR for a child cannot remove the child under the age of 16 from the United Kingdom without the consent of all PR holders, or an order from the Court - see  (section 1 of the Child Abduction Act 1984). Someone who has a 'live with' order from the court for a child may remove that child from the UK without the consent of the other parent for up to one month (see section 13 of The Children Act 1989).

• Someone who has PR for a child cannot consent to adoption without the consent of all PR holders (e.g. by a step-parent or partner).

Despite the fact that many decisions can be taken by one person with PR, the Courts have made it clear that “where two parents share parental responsibility, it will be the duty of one parent to ensure that the rights of the other parent are respected, and vice versa, for the benefit of the child” (see Re W (Children) [2012] EWCA civ 999 at paragraphs 73 to 76).

Much depends on the circumstances and there are no hard and fast rules but as a  guide the kinds of decisions where the Courts have said a person usually ought tell the other PR holder are as follows:

• Medical treatment in an emergency ( see A v A [2004] EWHC 142 (Fam)).
• Planned visits to a general or nurse practitioner and the reasons for this (A v A [2004] EWHC 142 (Fam)).
• Change of address within the local area that would neither disrupt contact arrangements nor require a change of school.
• Changes in living arrangements, including a change to those who are or will be living in the same household.
• Where there is a 'live with' order in relation to a child, the details of holiday arrangements and trips abroad.

The kinds of decision that are usually taken in consultation with other PR holders include things like:

• Changing a child's family name (surname). If there is a court order in force saying with whom a child would live, the consent of all PR holders is required (see section 13(1) of The Children Act 1989).
• Planned medical treatment beyond routine check-ups.
• Authorisation for absences from school (all PR holders can be held responsible for school attendance).
• Selection of and applications to schools.
• Circumcision, sterilisation or other serious medical intervention.
• Stopping prescribed medication.
• Relocation to another part of the country.

Generally a PR holder for a child does not require the other PR holder's permission to access a child's medical records or school report/records. However this can be subject to the age of the child (see 'What about the child's views?' below) or can be restricted court order.

If two or more PR holders cannot agree on an issue, they can try mediation or ask a court to make the decision. A court can make orders directing how PR is used or to resolve a specific issue relevant to the exercise of PR (e.g. which school a child should attend). Information about apply to a court can be found on other pages of this website.

If someone has a Special Guardianship Order made by the Court, subject to the exceptions above, they can exercise PR in a way that overrides anyone else who has PR but does not have a Special Guardianship Order (see section 14C of The Children Act 1989). 

More information about Special Guardianship Orders can be found here and here.

PR become less important and less decisive the older a child gets.

A child can make their own decisions when they have sufficient understanding and intelligence to be capable of making up their own mind on the matter requiring decision (Gillick v West Norfolk and Wisbech Area Health Authority [1985] UKHL 7). This includes decision about disclosing information to a parent. If, for example, a child of sufficient understanding and intelligence decides that a GP should not be told of a medical issue, then it is lawful for that information to be withheld by the GP.  Likewise a child of sufficient understanding and intelligence can consent to their own medical treatment. 

If a court has to make a decision about a child, the court will give more weight to a child's wishes and feelings as their understanding and intelligence increases, usually with age. Generally, it is unusual for a court to make orders with respect to children who are 16 or older. 

PR ceases when a child turns 18.

PR ends automatically when a child turns 18.

There are other circumstances where PR ends automatically, for example if a child is adopted or if a child ceases to live with some who is not a parent but they did have a Child Arrangements Order.

It is possible for a Court to restrict or even make an order discharging PR in certain circumstances. The circumstances in which a  court might do either is beyond the scope of the guide and any person considering such an application should seek legal advice.

A PR agreement can be made by a mother and a father whereby the father (who is not married to the mother and is not of the child's birth certificate) can obtain PR.

Information about entering into a PR agreement can be found here.

Step parents can also enter into a PR agreement if all the living PR holders consent. Information about doing this can be found here.

A person who does not have PR but who has care of a child can do what is reasonable in all the circumstances to safeguard or promote the child’s welfare (see section 3(5) of The Children Act 1989. For example, this allows a teacher to deal with a medical emergency.

A person who has parental responsibility for a child may not surrender or transfer any part of that responsibility to another but may arrange for some or all of it to be met by one or more persons acting on his or her behalf. However,  such an arrangement does not affect the PR holder's liability in the event that there is a failure to meet any part of the PR holder's responsibility for the child (see sections 2 paragraphs 10 and 12 of The Children Act 1989).