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How can a father obtain Parental Responsibility?
Posted on March 22nd 2022A mother has automatic parental responsibility when she gives birth to a child. A father will acquire parental responsibility if he was married to the child’s mother or if he is jointly registered as father on the child’s birth certificate as of 1st December 2003 with the child’s mother.
A father can apply to the court to gain parental responsibility in circumstances where there is no consensual agreement for the court to make a parental responsibility order. The court will take in to account the degree of commitment shown by the father to his child, the degree of attachment between father and child and the father's reasons for applying for the order when considering an application for a parental responsibility order.
A Court will then decide to accept or reject the application based on what it believes is in the child's best interest. If the court makes the order, a father will have parental responsibility as if he was married to the mother at the date of the child's birth. If the parents are not living together when an order is made, the father may wish to apply for a Child Arrangements Order to spend time with the children.
A Court may be unwilling to grant parental responsibility to a person who does not have the mental capacity to fulfil the duties and responsibilities.
A Court will grant a parental responsibility order to a father to enable him to exercise his responsibilities in cases where an order is made for a child to live with their father. A parental responsibility order will not automatically end if the child no longer lives with their father.
If you require any legal advice and assistance in relation to a parental responsibility order please do not hesitate to contact our dedicated family team on 01384 371622.