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Child Law

Parental Responsibility Order

A parental responsibility order gives a father, step-parent or second parent the legal rights and duties of a parent when they do not already have them and cannot agree matters with the mother. We also act for parents who need to oppose an order, or to remove parental responsibility from someone who poses a risk. We advise you honestly, prepare your application or response, and represent you, with your child's welfare and your safety in mind.

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What is parental responsibility?

Parental responsibility is defined in section 3 of the Children Act 1989 as all the rights, duties, powers and responsibilities that a parent has in law for their child. In practice it means having a say in the big decisions in your child's life, such as their schooling, medical treatment, religion and where they live.

A mother automatically has parental responsibility. So does a father who was married to the mother when the child was born. An unmarried father, a step-parent or a second parent does not have it automatically, and a parental responsibility order is one of the ways they can obtain it.

What is a parental responsibility order?

A parental responsibility order is an order of the court, under section 4 of the Children Act 1989, granting parental responsibility to a father who does not already have it. There are equivalent routes for a step-parent under section 4A and for a second female parent under section 4ZA. It is the route the court provides when parental responsibility cannot be obtained by agreement.

An unmarried father can gain parental responsibility in three ways without a court order: by being named as the father on the birth certificate since 1 December 2003, by a signed parental responsibility agreement with the mother, or through a child arrangements order that says the child lives with him. A parental responsibility order is needed where none of those apply and the mother does not agree.

Who can apply for a parental responsibility order?

The order is open to people who do not already hold parental responsibility but have a recognised connection to the child:

  • An unmarried father who is not named on the birth certificate and has no agreement in place.
  • A step-parent who is married to, or the civil partner of, a parent with parental responsibility.
  • A second female parent, where the child was conceived through assisted reproduction.

If you are a parent who wants to oppose an application, or to end the parental responsibility of someone who acquired it and now poses a risk, the same court process applies and we can act for you.

How the court decides a parental responsibility order

Your child's welfare is the court's paramount concern, under section 1 of the Children Act 1989. When a father applies, the court looks in particular at three things established in Re H (Minors) [1991]: the degree of commitment he has shown to the child, the attachment between them, and his reasons for applying. Granting parental responsibility is common where those point the right way.

The order is not automatic, and it is not a reward or a right. Where granting it would place a child at risk, the court can and does refuse, as it did in Re T [1993] where a father's conduct made an order wrong for the child. Parental responsibility also does not give a right to spend time with a child, and it can be made subject to conditions or, in the right case, later removed.

Opposing or removing parental responsibility

Parental responsibility is not always something to be granted. Where an abusive former partner applies for it, or already holds it and is using it to track, control or interfere with you and your child, you have every right to oppose the application or to ask the court to remove it. Parental responsibility that was acquired by a father, step-parent or second parent, rather than held automatically, can be ended by the court where that protects the child.

Where there has been domestic abuse, you are not required to mediate with the other parent, and the court must consider your safety under Practice Direction 12J. Where appropriate we raise safeguarding through the C1A form and ask for protective measures, such as separate waiting areas or a screen at court. For free and confidential support at any time you can call the National Domestic Abuse Helpline on 0808 2000 247. In an emergency always call 999. The points on this page are correct as at June 2026 and are a general guide, not legal advice on your situation.

The process, step by step

Applying for or responding to a parental responsibility order follows a clear path. These are the main stages.

1. We assess your position and options

We look at whether an agreement is possible, or whether an order is the right route, and where you are opposing an application we advise honestly on the strength of your case.

2. We deal with the MIAM or exemption

A MIAM form is filed with a parental responsibility application. Where there has been domestic abuse the exemption applies, so you are not required to mediate. We handle the paperwork and evidence.

3. We file the C1, or your response

We complete the C1 to apply for or remove parental responsibility, set out your case clearly, and where there has been abuse we raise safeguarding through the C1A form. Cafcass carries out its checks.

4. The court decides

If matters are agreed, the court can make the order by consent. If not, it hears the issue and decides what is best for your child, sometimes after a welfare report from Cafcass.

How we help

Our family solicitors guide you through parental responsibility from first advice to a sealed order, whether you are seeking it, opposing it, or asking for it to be removed.

  1. 1

    An honest first assessment

    We listen in confidence, look at your position and at any abuse, and tell you whether an application or a response is likely to succeed and what to expect.

  2. 2

    Handling mediation and exemptions

    We deal with the MIAM requirement and, where domestic abuse applies, the exemption, so you are not pushed into mediating with someone who has harmed you.

  3. 3

    Preparing and filing your case

    We complete the C1 to apply for or remove parental responsibility, or your response to an application, and raise any safeguarding concerns the court needs to see.

  4. 4

    Representation to a decision

    We represent you through to a sealed order, whether it is agreed by consent or decided by the court after a hearing.

What is included in our service

  • A confidential assessment of your position and prospects
  • Advice on whether an agreement, an order, or a response is the right route
  • Handling the MIAM requirement and the domestic abuse exemption
  • Preparing a parental responsibility agreement where the parents agree
  • Completing and filing your C1 to apply for, oppose, or remove parental responsibility
  • Raising safeguarding and asking for protective measures where there has been domestic abuse
  • Representation through to a sealed order

This work is usually privately funded, and we offer a clear fixed fee so you know the cost from the start. Legal aid for private children matters is limited. It is generally available only where there is evidence of domestic abuse or a risk of harm to a child, and it is means and merits tested. We will tell you honestly whether you may qualify and, where we cannot carry out legal aid work ourselves, help you find a provider who can. Any fee is set out clearly and in writing before any work begins, and there is no charge for an initial phone consultation.

Common questions

Parental responsibility is defined in section 3 of the Children Act 1989 as all the rights, duties, powers and responsibilities a parent has in law for their child. It gives you a say in major decisions, such as schooling, medical treatment and religion. A mother and a married father have it automatically.

An unmarried father can gain it in three ways without going to court: by being named on the birth certificate since 1 December 2003, by a signed parental responsibility agreement with the mother, or through a child arrangements order that the child lives with him. Where none of those apply, he can apply for a parental responsibility order.

No. Parental responsibility is about having a say in major decisions, not about contact. Whether and how a child spends time with a parent is decided separately through a child arrangements order. A person can hold parental responsibility without any time being spent with the child.

Yes. If you have concerns about the person applying, for example because of abuse or a risk to your child, you can oppose the application. The court will not grant an order where it would harm the child, and it can attach conditions. We can prepare your response and represent you at the hearing.

Parental responsibility that was acquired by a father, step-parent or second parent, rather than held automatically, can be ended by the court where that protects the child. A mother and a married father keep it unless the child is adopted. We can advise on whether an application to remove it is likely to succeed in your situation.

A MIAM form is normally filed with a parental responsibility application, so you would usually attend a MIAM first. Where there has been domestic abuse an exemption applies, so you are not required to mediate with the other parent. We deal with the exemption and the evidence it needs on your behalf.

The court fee for a C1 application is £270, and Help with Fees may reduce or remove it if you are on a low income. On top of that is our fixed fee, which we agree with you in writing before any work starts. The initial phone consultation is free.

Last updated: June 2026.