• Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • About Us
  • Our Lawyers
  • Our Services
    • Family Law
    • Wills, Lasting Powers of Attorney and Court of Protection
    • Probate
    • Residential Property
    • Legal Costs
      • Divorce and Separation
      • Wills
      • Lasting Powers of Attorney
      • Probate
      • Court of Protection
      • Sale of a freehold or leasehold residential property
      • Purchase of a freehold or leasehold residential property
  • Our Chosen Charities
    • Our Space
    • Cancer Research UK
    • Supporting Free Will month for Dougie Mac
    • Pink Sisters & Misters
  • Contact Us
    • Find us
    • Complaints
  • Articles
  • Useful Resources
    • Family Law Resources
    • Private Client Resources
  • Reviews
Logo

Call for free initial advice 01782 627589

  • E-mail
  • Facebook
  • LinkedIn

Parental Responsibility

Parental responsibilityParental Responsibility encompasses the rights held by parents and other individuals, including Special Guardians or those with Residence Orders, in relation to the child’s upbringing. These include crucial decisions such as selecting schools, overseeing religious education and providing consent for medical treatment. These rights persist until the child reaches the age of 18.

In most circumstances, individuals make these important decisions collectively. However, if negotiations or mediation fail to reach a consensus, any party can seek a Court-issued Specific Issue Order.

Who possesses Parental Responsibility for a child?

Mothers and married fathers automatically have Parental Responsibility.

Unmarried fathers of children born after 1st December 2003 also automatically share these rights if named on the birth certificate. If not, they can obtain it through a Parental Responsibility agreement with the mother or a court order. Courts typically grant these orders when fathers demonstrate commitment to the child’s best interests, maintain a connection, and promote the child’s welfare.

What rights do step-parents have? 

Step-parents can gain Parental Responsibility through an agreement with all other existing holders.

Alternatively, they may seek a Parental Responsibility Order, which is granted when it serves the child’s best interests and the step-parent’s involvement is deemed necessary. For instance, if a biological parent consistently fulfils their responsibilities, the step-parent may not need to share them. A step-parent is more likely to gain Parental Responsibility when the biological parent frequently works away from home.

There may be instances where a step-parent can seek an order confirming the child’s residence or significant time spent together. In such cases, they can request a Child Arrangements Order or Special Guardianship Order. If granted, the step-parent shares Parental Responsibility with the parents while the order is in effect. An order is only granted when essential for the child’s welfare, often when a parent is frequently unavailable to fulfil their responsibilities.

Unfortunately, situations may arise where a parent dies or becomes incapable of caring for the child. In such cases, a step-parent can seek an order allowing the child to reside with them to minimise disruption.

Can individuals other than parents or step-parents hold parental responsibility?

Holders of Special Guardianship Orders, Residence Orders, and Adoption Orders confer Parental Responsibility while these orders are in effect.

From 22nd April 2014, Residence and Contact Orders were replaced by Child Arrangements Orders. These orders dictate where and with whom a child lives and spends time.

Parental Responsibility is automatically granted under a Child Arrangements Order to the individual named as the child’s primary residence unless they already hold it. Therefore, in such cases, Parental Responsibility may automatically extend to an unmarried father, step-parent, other family member, guardian or a second female parent.

In specific situations, the Court can grant Parental Responsibility to an individual who spends time with the child under a Child Arrangements Order, as opposed to living with them. The Court must assess appropriateness in light of the Order’s specific provisions. If deemed suitable, the Court will grant Parental Responsibility. This mainly applies to unmarried fathers or second female parents.

There is also a provision enabling the Court to confer Parental Responsibility on a person who is not the child’s parent or guardian when a Child Arrangements Order specifies the child will spend time with or have contact with that person, although this power is anticipated to be rarely exercised.

Phone us at our Newcastle-Under-Lyme office for free initial advice on 01782 627589.


Read more about Child Arrangements

Applying for a Child Arrangements Order

Arrangements for children after separation

Primary Sidebar

Online Enquiry

* indicates required field
IMPORTANT NOTICE: The information you provide will be only used by us to administer your enquiry and any response. Use of this form does not create a solicitor-client relationship and information transmitted will not necessarily be treated as privileged or confidential. If you are a client, please get in touch with your usual firm contact directly for the most timely response.

Accreditation

 

Resolution Specialist

 

Facebook

Footer

Ann McCabe Solicitors

Ann McCabe Solicitors is authorised and regulated by the Solicitors Regulation Authority

SRA Number: 627298.

Registered Office:

Queens Gardens Business Centre, 31 Ironmarket, Newcastle under Lyme Staffordshire ST5 1RP.

Ann McCabe is the sole owner.

SRA Verification Badge

Our Advantages

✓ Specialists with decades of experience

✓ Clear expert advice

✓ A personal service tailored to your particular needs

✓ Clear and transparent information about costs

✓ You choose what you pay us to do and what you do yourself

✓ Come to our office on the High Street or meet online

Contact Us

  • Queens Gardens Business Centre
  • 31 Ironmarket, Newcastle under Lyme
  • Staffordshire ST5 1RP
  • 01782 627589
  • ann@annmccabe.co.uk

Ann McCabe Solicitors· Background image (cropped) by Rept0n1x licensed under cc-by-sa-2.0
Privacy Policy · Copyright © 2025

Manage Cookie Consent
To provide the best experiences, we use technologies like cookies to store and/or access device information. Consenting to these technologies will allow us to process data such as browsing behaviour or unique IDs on this site. Not consenting or withdrawing consent, may adversely affect certain features and functions.
Functional Always active
The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
Preferences
The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
Statistics
The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
Marketing
The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
Manage options Manage services Manage vendors Read more about these purposes
View preferences
{title} {title} {title}