Families in Modern Times & Parental Responsibility
Navigating parenthood is a journey filled with love, challenges, and countless decisions.
For unmarried parents in the UK, understanding your legal rights and responsibilities is essential, not just for your own peace of mind, but for the well-being of your child.
Whether you’re cohabiting, co-parenting after separation, or raising children from previous relationships, this guide breaks down everything you need to know.
Modern Family Setups: No One-Size-Fits-All
Families come in many forms, including:
- Living arrangements and schedules to spend time with each parent
- Plans for holidays and special occasions (e.g. birthdays, Christmas, Easter, Mother’s Day, Father’s Day)
- Decisions around education and healthcare, such as vaccinations
- Communication methods between parents
- Guidelines for introducing new partners
- Married parents living together with their child
- Unmarried parents living together with their child
- Separated parents who co-parent
- A biological parent raising a child with a new partner
- Children living with extended family (not their parents)
- Rainbow families
- Blended families with children from different relationships
- Single parents raising children alone
- Adoptive Families
- Surrogates or known Donors
- Special Guardian
Whatever your setup, one principle remains constant: the child’s best interests are paramount in all legal decisions.
Do Unmarried Parents Have Different Rights?
The law does not distinguish between married and unmarried parents when it comes to parental rights.
What matters is parental responsibility, not marital status.
All parents can make informal child arrangements.
If disagreements arise, court intervention may be necessary to resolve disputes.
What Is Parental Responsibility?
Parental responsibility (PR) is the legal authority to make decisions about a child’s life.
It includes:
- Providing a home and ensuring safety
- Decisions about education, religion, and medical care
- Legal matters like naming the child or applying for a passport
Regardless of relationship status, those with PR should make decisions jointly.
Who Automatically Has Parental Responsibility?
- Birth mothers always have PR.
- Those with Adoption Orders or Special Guardianship Orders
- Spouses or civil partners of the Mother at the time of birth also have PR.
- Unmarried fathers can obtain PR if they are listed on the birth certificate.
How Can You Obtain Parental Responsibility?
If you’re not automatically granted PR, you can apply through:
- Joint registration on the birth certificate
- A parental responsibility agreement
- A court-issued Parental Responsibility Order
- A Child Arrangement (Lives With) Order
- Adoption
- Special Guardianship
- Apply for a Parental Order under The Human Fertilisation and Embryology Act 2008 (HEFA) within 6 months of the child’s birth (provided that the criteria are met and the Court is satisfied that it is within the child/children’s best interest)
Each route depends on your circumstances, so legal advice is recommended.
Can More Than Two People Have Parental Responsibility?
Yes. While only two people can be legally recognised as parents, more than two individuals can hold PR.
This includes:
- Step-parents
- Guardians
- Partners in polyamorous relationships
- Grandparents, or extended family members
What if We Disagree?
If parents with PR can’t agree, and have already attempted Mediation, or some other form of Alternative Dispute Resolution (ADR), then they can apply to the court for a:
- Specific Issue Order;
- Prohibited Steps Order;
- Child Arrangements (Lives With/Spends Time With Order).
These orders can address matters such as, Passport applications (foreign or UK), or retention of the Passport, Religious upbringing, School changes, Relocation, Travel abroad, Healthcare decisions including the use of antibiotics or Vaccines, to name but a few.
Rights in relation to Child/Children from Previous Relationships
If you’re helping raise your partner’s child from a previous relationship, you may feel like a parent—but legally, you don’t have PR unless you apply for it.
You can still play a vital role in the child’s life, but you won’t have decision-making authority unless it is legally recorded that you have PR.
In the event of separation, you may feel that you should still be involved in the child’s life.
This is possible, although you would need to seek permission from the Court to make any application if arrangements for you to spend time with the child cannot be agreed upon between you.
It is likely that you would be given this permission if you can prove that you have been a significant person in the child’s life.
After a Breakup: What Happens Next?
If you part ways amicably, you can agree on child arrangements informally, perhaps also confirming the arrangement through a Parenting Plan.
If not, Mediation, or some other form of ADR, or negotiations through solicitors may be necessary and, as a matter of last resort, a court application.
You can apply for various types of Child Arrangement Orders:
- Lives with order: Where the child/children live
- Spends time with order: When the child sees the parent, they are not living with
- Shared care arrangement: Shared responsibilities
Who Pays for the Child’s Care?
- If care is shared equally, no child maintenance is required.
- If the child/children spend more of their time with one parent, the other must pay child maintenance to cover essentials like housing, food, clothing, and education.
You can visit the Child Maintenance Service and use their calculator to obtain an estimate of how much you are liable to pay.
Factors such as how many nights your child/children spend with you regularly will be taken into account.
Informal Agreements: Proceed with Caution
Whilst informal arrangements, such as Parenting Plans, can work well, they’re not legally binding.
If one parent changes their mind, there’s no legal consequence unless there is a court order in place.
Contact Bennett Griffin
If you are a parent concerned about potential barriers to communication whilst co-parenting and wish to reach an agreement about key decisions as to how your child/children should be raised, please do not hesitate to contact our Family Law team.
Our commitment to excellence, empathy, and legal proficiency ensures that you have a steadfast partner in navigating the legal landscape and preserving your invaluable relationship with your co-parent and, more importantly, your children.
Email info@bennett-griffin.co.uk or call us on Worthing (01903) 229999 or Chichester 01243 781000.