Parental Responsibility (PR) is a core concept in family law. But, it’s one that many parents and carers find confusing. Whether you’re separating, handling childcare issues, or supporting a new partner, it’s important to know what PR means
Clients often ask us: “What does Parental Responsibility actually involve?” and “can the law remove it?” In this blog, we shine a light on what PR is and who has it. We’ll also look into how you can gain it – and in rare cases, how you might lose it.
What is Parental Responsibility?
Parental Responsibility means having all the rights, duties, powers, and responsibilities a parent has in law in relation to a child. This includes:
- Choosing a child’s name
- Making decisions about education and medical treatment
- Giving permission for travel abroad
- Deciding on religion and upbringing
- Being involved in major life decisions (e.g. surgery, school moves)
It does not necessarily include day-to-day contact or living arrangements. Child Arrangement Orders often deal with these separately.
Who Automatically Has Parental Responsibility?
- Mothers automatically have PR from birth.
- Fathers have PR if they marry the mother at the time of birth. Alternatively if their name is on the birth certificate (after 1 December 2003 in England & Wales).
- Same-sex parents may also automatically have PR if they are in a civil partnership or married at the time of birth.
View our parental responsibility law page here.
How Can parents Gain Responsibility?
If a father or step-parent doesn’t automatically have PR, there are several ways to acquire it:
1. By agreement
The mother and the other party can sign a Parental Responsibility Agreement (filed with the court).
2. By court order
The court can grant PR to a person it believes should play a formal role in the child’s life.
3. Through a Child Arrangements Order
If the court says a child should live with a person, they automatically gain PR.
Case Example (anonymised):
A father who had not been involved during the child’s early years sought PR after turning his life around. With evidence of his stable lifestyle, regular contact, and commitment to his child’s welfare, the court granted him PR.
Can Parental Responsibility Be Removed?
It is very rare for PR to be removed entirely – and only in extreme circumstances. Courts are generally reluctant to sever the legal connection between a parent and child.
Court Orders
The court can restrict PR through court orders if a parent misuses it (e.g., refuses consent for essential medical treatment). In cases involving serious neglect, abuse, or risk of harm, the court may decide that removing PR is in the best interest of the child.
Case Example (anonymised):
A mother applied to restrict the PR of the father after repeated attempts to block medical treatment for their child and a pattern of harassment. The court granted an order limiting the father’s ability to make future decisions without court oversight.
Common Parental Responsibility Questions
Does PR mean I get contact with my child?
Not necessarily – PR is about legal rights and responsibilities, not direct time spent. Contact issues are decided separately.
Can more than two people have PR?
Yes. PR can be shared between several individuals if it is in the child’s best interests.
What if we disagree?
If those with PR can’t agree on a major decision, a Specific Issue Order or Prohibited Steps Order may be needed.
How We Can Help
Understanding your rights and responsibilities as a parent or carer can feel overwhelming – especially during emotionally charged situations. At Maria Fogg Family Law, our experienced team is here to offer clear, compassionate advice on all PR-related issues. Supporting you with agreements and court applications to resolve complex disputes.
We will support you in safeguarding your child’s best interests while helping you find a practical and fair way forward.
