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Parental Responsibility.
Solicitors for Advice on Getting Parental Responsibility
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Anyone making important decisions on behalf of, or in relation to, a child such as where they should live or go to school, must have parental responsibility.
In most situations, the birth or adoptive parents hold legal responsibility for their child but not everyone’s circumstances are as straightforward.
At Lanyon Bowdler, we can help you with all matters relating to acquiring parental responsibility in regards to a stepchild, grandchild, niece/nephew, surrogate child and other family setups. Regardless of your circumstances, our specialist family law solicitors have the experience and expertise to guide you through the process.
What is Parental Responsibility?
Parental responsibility (PR) is the legal term for the rights and duties an adult has in relation to a child’s welfare and upbringing. It includes the ability to make decisions about where a child lives, the medical treatment they receive, their education, religious upbringing, and even matters such as passport applications and overseas travel.
However, having PR doesn’t mean you have to be the child’s biological parent, nor does it always require an adoption order. The law makes it possible for others involved in a child’s life to obtain this important legal status, especially where they are playing a significant caregiving role.
For those who already care for a child day to day, whether as a step-parent, grandparent, or in another capacity, securing parental responsibility can provide legal clarity and stability, not only for you, but for the child too.
Who Can Acquire Parental Responsibility?
There are several routes by which someone who is not the child’s birth mother can get parental responsibility. The most suitable option will depend on your relationship to the child and the level of agreement between all parties involved. We regularly assist clients in the following situations:
- Unmarried Fathers: A father who is not married to the mother does not automatically acquire parental responsibility unless he is named on the birth certificate (for births registered after 1 December 2003). If he is not named, we can assist with either re-registration or applying for a Parental Responsibility Agreement or Order.
- Step-Parents: It is increasingly common for step-parents to play a central role in a child’s upbringing. PR can be obtained through a Parental Responsibility Agreement (with the consent of all those who already hold PR), or by making an application to the court.
- Grandparents and Other Relatives: Grandparents and extended family members who have stepped in to raise a child may wish to acquire PR to ensure they can make decisions in the child’s best interests. In many cases, this may be achieved through a Child Arrangements Order that states the child will “live with” the applicant, a provision which automatically grants parental responsibility.
- Guardians: If someone has been appointed as a legal guardian, whether through a Will or court process, PR will be granted when that role becomes active, usually upon the death of all those with PR.
- Same-Sex and Surrogate Parents: Intended parents through surrogacy or donor conception may need to acquire PR through a Parental Order, adoption order, or Child Arrangements Order depending on the specific circumstances. This area of law can be complex, and we strongly recommend early legal advice to ensure all steps are taken correctly.
How We Can Help
Applying for parental responsibility is a legal process that must be carefully managed as the court’s will ensure the child’s welfare remains the central consideration. Our experienced family law team can support you with:
- Parental Responsibility Agreements: Where all parties with existing parental responsibility are in agreement, we can assist you in drafting and registering a formal Parental Responsibility Agreement with the court. This is the most straightforward way of obtaining parental responsibility as it doesn’t require applying for a court order.
- Parental Responsibility Orders: If you haven’t got the consent of all those who already have PR, we can guide you through the process of applying for a court order. To be eligible, you must be connected to the child, as the father or a stepparent, for example. The court will take into consideration the child’s best interests, relationship with the applicant, their level of attachment and the reasons for the application.
- Child Arrangements Orders: In cases where a child is to live with you, a Child Arrangements Order automatically provides parental responsibility. It is one of the most common routes for step-parents, grandparents or guardians to acquire PR.
- Parental Orders for Surrogacy: For parents who have built their families through surrogacy, we can help you apply for a Parental Order to transfer full legal parenthood to you. This is a vital step in ensuring that both parents are legally recognised and can make decisions for their child from day one.
- Legal Advice for Step-Parents and Extended Family Members: We regularly advise step-parents, grandparents, and other relatives who are helping to raise a child and wish to formalise their responsibilities. Our role is to provide clear, practical guidance on the legal options available, tailored to your family’s circumstances.
- Representation at Hearings and Dispute Resolution: Whether through court proceedings or alternative methods such as mediation, we will represent your interests at every stage. Our focus is always on securing the best outcome for the child, while helping you navigate the process with as little stress and delay as possible.
Each case is unique, and we will take the time to understand your individual circumstances so that we can advise you on the best and most efficient route.
Our Parental Responsibility Expertise
Our legal specialists help families resolve questions surrounding parental responsibility and regularly help clients to find amicable solutions away from the courts. At Lanyon Bowdler, we excel in collaborative law and will always strive to help find an agreement through discussion and dialogue with the other parties involved to bring about a swift conclusion to your case.
Why we care?
At Lanyon Bowdler, we are very much a family orientated team and understand the issues affecting families on a day-to-day basis. We are fully committed to achieving the very best results for you, your family and your children to bring you the stability and security that all families need. We will work tirelessly to ensure everything runs smoothly and will combine our legal expertise with our passion for helping families to achieve the right outcome as quickly as possible.
What we do
Where out-of-court resolution is not possible, we can provide you with the highest standard of court representation, guiding you skilfully through the legal proceedings and providing clarity on what can be a difficult and confusing process.
Our preparation for any court hearings will be exhaustive and it is our keen eye for detail which makes us so effective when it comes to getting results. We are a highly motivated team, who genuinely care and are driven by our desire to help you and your family. We have a reputation for delivering outstanding customer services and are recommended by clients and industry representatives alike.
Lanyon Bowdler is recognised by Legal 500, an independent, national guide of recommended law firms and also by Chambers UK, in its rankings of leading solicitors. We are incredibly proud that our family law team includes members of the Law Society Family Panel as well as accredited specialists of Resolution, a national organisation of family lawyers. We are justifiably known as leaders in the field of family law and this combined with our care and understanding makes us the law firm of choice when it comes to all aspects of child and family law.
Our Family Law Team in Legal 500
Recognised as one of the region’s leading family law firms by the 2025 edition of Legal 500, a national guide that recommends legal practices.
The guide states: ‘Lanyon Bowdler has a strong reputation for its work on the full gamut of complex issues involving financial remedy, children and divorce. It is skilled at handling cases where there are business structures and trusts. On the children’s side, the group frequently advises on internal and external relocation cases, domestic violence and cases involving significant welfare issues.’
Chambers UK Family Law Specialists
The 2024 edition of Chambers UK the department is ranked in Band 1 for Shrewsbury & Surrounds and Band 2 for Hereford, Worcester & Surrounds and states: ‘Lanyon Bowdler Solicitors is a well-regarded firm. Its group represents clients in financial matters involving trusts, pensions and overseas assets, such as divorce proceedings and prenuptial agreements, with notable expertise in cases concerning farming families.
The team also supports clients in complex Children Act matters involving allegations of criminal behaviour and domestic abuse. The practice offers a range of dispute resolution options, including collaborative law services.’
Your Parental Responsibility questions answered
Who automatically has parental respnsibility?
In England and Wales, all biological mothers automatically hold parental responsibility from birth. For fathers and other parties, the rules depend on marital status and registration dates:
- Married Parents: if married at the time of the childs birth, both automatically have parental responsibility
- Unmarried Fathers: have automatic parental responsibility if named on the birth certificate (provided the birth was registered on or after 1 December 2003)
How to remove parental responsibility
Unless a child is adopted, parental responsibility (PR) cannot be removed from a biological mother. Removing it from a father is extremely rare, the circumstances would need to be exceptional, and the court will always prioritise mediation as a way of resolving any issues in the best interests of the child concerned.
It is important to note that removing PR is generally only legally possible for unmarried fathers and step-parents. Mothers and married fathers almost always retain PR unless the child is adopted.
Grounds for Removal
While rare, justifiable reasons for removing parental responsibility include:
- Serious Abuse: Proven evidence of physical, sexual, or emotional harm to the child.
- Weaponisation: Using PR rights solely to harass, intimidate, or control the resident parent rather than for the child’s benefit.
- Malicious Obstruction: Deliberately withholding consent for vital medical treatment or schooling to cause disruption.
- Dangerous Convictions: Serious criminal offenses (especially sexual or violent crimes against children) that demonstrate a fundamental risk.
- Adoption: The only legal route that permanently extinguishes PR for all parents (including mothers).
When Parental Responsibility Will Not Be Removed
A court will not remove a father’s parental responsibility for any of the following reasons:
- He doesn’t want contact with his child.
- His child doesn’t want contact with him.
- He won’t pay child maintenance.
- He isn’t involved in his child’s life.
Alternative Measures Where a court believes a father is having a negative impact on his child but removal of PR is not appropriate, they can restrict the father’s involvement by issuing either a Child Arrangements Order or a Prohibited Steps Order. These measures protect the child and limit the role their father has in their life without stripping legal responsibility entirely.
The Application Process
The exact process to remove parental responsibility is as follows:
- MIAM (Mediation Information and Assessment Meeting): Before applying to court, you are generally required to attend a mediation assessment to see if an out-of-court solution is possible.
- C100 Application: If mediation is unsuitable or unsuccessful, we will prepare and submit a formal C100 application to the Family Court.
- The Court Process: The court will appoint a CAFCASS officer to safeguard the child’s interests, followed by a series of hearings where we present evidence to meet the court’s high standards for removal.
What if those with parental responsibility can't agree?
For the most part, decisions can be taken for a child by just one person who has parental responsibility, for example consenting to a school trip.
In terms of major decisions such as medical treatment or if one parent wants to move abroad or relocate with their child, where parents cannot agree either one of them can apply to the court for a Specific Issue Order or a Prohibited Steps Order.
Specific Issue Order
The court will grant an order to address one particular issue that a child’s parents cannot agree on. The court will look at the evidence and will make a decision based on the best outcome for the child.
Prohibited Steps Order
If the court believes an action taken by a parent is going to be harmful to a child, such as being removed from the other parent to live abroad, then they can issue a Prohibited Steps Order to prevent the action from being taken. The court must be certain that making the order is better for the child than not making one at all.
In all circumstances, you will first be asked to engage in mediation to see whether it is possible for all those with parental responsibility to come to an agreement, without the need for court action, which can be both stressful and costly. We are renowned for our expertise in collaborative law and can help you with the negotiations at this stage.
Are there other legal protections that can be used to safeguard a child?
In many cases, a full removal of Parental Responsibility is not the only, or even the most effective, way to protect your child. We often recommend alternative court orders that provide immediate protection and clarity without the difficulty of a full PR termination.
- ‘Live With’ Order: Settles the child’s primary residence and automatically grants the holder PR if they do not already have it.
- Prohibited Steps Order (PSO): Prevents a parent from taking a specific action (e.g. removing the child from school or the country) without your consent.
- Specific Issue Order (SIO): Provides a definitive court ruling on a single point of contention, such as medical treatment or choice of school.
- Child Arrangements Order: Formally dictates when and how a child spends time with each parent, providing an enforceable structure.
- Child Protection Orders: In urgent cases, emergency orders can be sought to ensure immediate safety from harm.
How many people can have parental responsibility for a child?
There’s no legal limit to the number of people who can hold parental responsibility for a child. When more than one person has it, that responsibility is shared; it doesn’t reduce or cancel out anyone else’s legal role.
This often applies in blended families, step-parent situations, or when parental responsibility is granted through a court order or agreement. If you’re unsure about your status or how shared responsibility works in practice, our family law team can offer clear, practical guidance tailored to your situation.
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What our clients say.
At what was a challenging time for me, I was guided calmly through a process I knew nothing of.
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I found the service and advice given regarding my matter to be professional and appropriate and my matter was brought to a very swift and satisfactory conclusion. I always felt my Solicitor really had my best interests at heart, I had every confidence.
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From the first contact, the team at Lanyon Bowdler gave a fast & efficient service. They were very friendly & gave me the confidence that I had found the right solicitors. The advice given & the fast responses were beyond my expectations. The matter was resolved in no time at all.
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After the solicitor firm I was using for my divorce couldn’t get it settled in two years, I transferred to Lanyon Bowdler. Within seven months they got it completely finished and over with. They proactively pushed to get my case closed and were supportive throughout. Absolutely worthy to be called the best.
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Lanyon Bowdler managed my case very professionally and were very helpful during a difficult and challenging case both in a professional and personal capacity. I would highly recommend Lanyon Bowdler for all legal matters and would definitely engage in the future if the need arises.
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I would not hesitate to recommend LB Solicitors to anyone needing guidance and representation for family law or divorce proceedings. My solicitor was thorough and diligent, balancing professional rigour with fairness, reasonableness and sensitivity. I feel this approach helped me to obtain a satisfactory settlement avoiding costly and unnecessary conflict.
Jon
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Telford
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Lee
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UK Case Management
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How Much Will my Case Cost?
Legal costs are a common concern among many clients who come to us but we believe that budget shouldn’t be a barrier to the legal support you and your family deserve. We therefore offer a number of different flexible pricing plans including fixed fee and pay as you go arrangements to suit your particular circumstances and are happy to sit down and discuss the best option available for you. We will be transparent about all the likely costs from the outset and will offer you service level guarantees so you can be reassured of the standard of legal representation you will receive from Lanyon Bowdler.
Contact Lanyon Bowdler’s Family Law Solicitors
For effective legal advice and representation contact the specialist family lawyers at Lanyon Bowdler, who are here to offer you a friendly and expert ear. We regularly help clients with the most delicate and complex of cases and can help you regardless of your situation.
We have offices located in Shrewsbury, Bromyard, Conwy, Hereford, Ludlow, Oswestry and Telford, and regularly work on behalf of clients throughout Shropshire, Herefordshire, Mid and North Wales and the Midlands, including Birmingham and Wolverhampton.
We frequently represent clients throughout England and Wales as well and, as one of the region’s leading full-service law firms, we can provide you with the same exceptional level of legal service.
To speak to us in confidence and to find out more about how we can help you please feel free to contact us by phone or by completing our online enquiry form. One of our team will respond to your query as soon as possible and will be happy to have a more in-depth conversation about the support you require and how Lanyon Bowdler is able to help.
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