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What Is Parental Responsibility?
Parental Responsibility refers to the legal rights, duties, and obligations a parent has concerning their child. This includes:
- Making decisions about the child’s education, medical care, and religious upbringing.
- Being involved in significant choices, such as naming or renaming the child.
- Ensuring the child’s financial support and overall welfare.
In the UK, the biological mother automatically has Parental Responsibility. Fathers gain P.R. if they meet one of the following criteria:
- They are married to the mother.
- They are named on the birth certificate (for children born after 1 December 2003).
- They enter into a Parental Responsibility Agreement with the mother.
- They receive a Parental Responsibility Order from the court.
Why Is Parental Responsibility Important?
Having P.R. ensures that you have a say in your child’s life. Without it, you may be excluded from decisions about:
- Medical treatments.
- Schooling and education.
- Relocation or significant changes to the child’s circumstances.
Even if you’re an active father, not having P.R. can limit your ability to influence major decisions in your child’s life.
Steps to Take If You’re Not on the Birth Certificate
1. Attempt Mediation
Before applying for Parental Responsibility, it is recommended (and often required) to attempt mediation. Mediation involves meeting with a family mediator to resolve the issue with the child’s mother. This step is intended to avoid court intervention and reach a mutual agreement.
- If the mother agrees, you can sign a Parental Responsibility Agreement and file it with the court to formalise your rights.
- If mediation fails, you can proceed with a court application.
2. Apply for Parental Responsibility Using a C1 Form
If the mother does not agree to grant P.R., you can apply for a Parental Responsibility Order by submitting a C1 form to your local family court. This application allows you to formally request P.R. and provide evidence of your relationship with the child.
- Alongside the application, include a statement outlining your involvement in the child’s life and why having P.R. is in their best interests.
- The court fee for this application is £215, though assistance may be available for low-income applicants.
3. Attend the Court Hearing
Once your application is submitted, the court will schedule a hearing. The judge will consider:
- Your relationship with the child.
- The level of involvement you’ve had in their life.
- Whether granting P.R. serves the child’s best interests.
If approved, you will gain legal rights and responsibilities as a parent.
What Happens If Paternity Is Questioned?
In some cases, the mother may dispute your paternity. If this happens, the court can order a DNA test to confirm your biological relationship with the child. Once paternity is established, you can proceed with your application for Parental Responsibility.
What If You’re Married but Not on the Birth Certificate?
If you were married to the mother at the time of the child’s birth, you automatically have Parental Responsibility, even if you are not on the birth certificate. However, it is still advisable to be added to the birth certificate to formalise your legal connection.
FAQs
1. Can I get Parental Responsibility if the mother refuses?
Yes, if the mother refuses, you can apply for a Parental Responsibility Order through the court using a C1 form.
2. How long does the process take?
The timeline varies, but it typically takes several months to complete the mediation and court application process.
3. How much does it cost to apply for Parental Responsibility?
The court fee is £215, though financial assistance may be available for those on a low income or receiving benefits.
4. Do I need a solicitor to apply for Parental Responsibility?
While not required, seeking legal advice can help ensure your application is thorough and increases your chances of success.
5. Does having Parental Responsibility mean I have contact rights?
No, P.R. grants you decision-making rights but does not automatically guarantee contact with the child. For contact arrangements, you may need to apply for a Child Arrangements Order.
Final Thoughts
If you’re a father not listed on your child’s birth certificate, gaining Parental Responsibility is a crucial step in being actively involved in their life. By understanding the process and taking the necessary legal steps, you can ensure that you have a say in your child’s upbringing. If you need help drafting your application or attending a court hearing get in touch for a free consultation.
