Fathers' Rights in the UK Explained

This article provides you with an overview of the current law relating to father’s rights in the UK. If you have separated from your partner (or are in the process of doing so) and you would like to understand where you stand as a father, we’re here to help and your first 30 minute consultation is free.

What Are Fathers’ Rights?

It’s common for dads to assume that being a father automatically gives them parental responsibility. However, this is not the case. Parental responsibility is only acquired by fathers in the following cases:

He is married to the child’s mother, or
He is named on the child’s birth or adoption certificate, or
He has obtained parental responsibility via a family court, or
He has entered into a formal written agreement with the child’s mother

If you do not formally have parental responsibility for your child, their mother will be able to make decisions about their life without discussing them with you. Despite this, you will still be expected by law to pay maintenance towards the child’s upbringing. We understand that this is a complex and sensitive subject, so you can trust us to treat your case with understanding, empathy and professionalism at all times.

What Does Parental Responsibility Mean?

Parental responsibility encompasses all the responsibilities and rights you have regarding your child. This means you have the same rights as the child’s mother, or any other legal guardians, and you are required to take responsibility for the following areas of your child’s life:

Overall wellbeing and care
Food and clothing
Making decisions about education, and ensuring the child goes to school
Healthcare, such as ensuring vaccinations are up to date and looking after the child’s general health
Representing the child in court
Living arrangements
Religion

Having parental responsibility means you have a say in how your child is raised. It doesn’t mean you have overall control of every decision, such as how they dress or what they wear, but your consent will be needed for important decisions like where they live, the school they attend and any medical treatment they receive.

If you are not married to the child’s mother or named on the child’s birth or adoption certificate, you will need to enter into a parental responsibility agreement with her or apply for a parental responsibility order via a court. The court will take the following information into consideration:

Your commitment as a father
The attachment between you and your child
Your reasons for applying for the order

Courts will always put the child’s best interests first, and this will be their main consideration when deciding whether to grant a parental responsibility order. Often, parents come to an amicable agreement about this without going to court. This is more likely to be the case if:

The parents are unmarried and dad’s name isn’t on the birth certificate
One partner would like to take on responsibility for a stepchild

How Long Does Parental Responsibility Last?

If you are granted parental responsibility, it will last until:

the child is 18, or
an adoption order is made, or
parental responsibility is removed by a court

Child contact for Unmarried Fathers

Often when parents separate, they can come to an amicable arrangement about the father’s time spent with the child. However, this isn’t always the case. If you have come to the end of your relationship and the mother isn’t allowing you to see the child or have a say in their life, it’s important to know where you stand.

If you are unable to come to an agreement with the other parent, you can apply for a child arrangements order from court. This outlines who the child should live with and how much contact the non-resident parent is given. You may also be able to apply to the court to grant orders about decisions you don’t agree with, such as how the other parent cares for the child or where they go to school. At all times, the best interests of the child form the basis of the court’s decision.

Applying For the Child to Live with You

If at all possible, the court will want to avoid too much change happening for the child. This may mean that the children stay in their current home. However, if you feel the child(ren) are at risk with the other parent you should seek legal advice. Safeguarding issues are treated with urgency and you may be able to arrange for the child to move in with you.

When it comes to deciding who the children will live with and what time they spend with the other parent, the court will take the following details into consideration:

which parent the child wants to live with (this is considered more with older children)
the child’s physical, emotional and educational needs
how disruptive the changes will be to the child
the child’s age, sex and cultural background
any illnesses or disabilities the child has
each parent’s ability to look after the child
whether the child is at risk from either parent

Child Support and Maintenance

Child maintenance is a regular financial contribution that is paid by the non-resident parent to go towards the child’s living costs. This is payable regardless of whether you see the child or have been granted parental responsibility. It can be agreed between parents or through the Child Maintenance Service.

As experts in family law, we are highly experienced in father’s rights, child maintenance and child arrangement orders. Whether you and your ex-partner were married, co-habiting or you have never lived together, we will be happy to talk you through the law and discuss your individual options.

We can help you set up an arrangement either direct with the other parent or through court, and the welfare of your child will always be our priority. To find out more about how we can help you, contact our team of family lawyers today.

Further Advice - Free 30 Minute Family Law Consultation

This article is not a comprehensive explanation of fathers' rights in the UK. If you need advice based on your specific circumstances, we offer a free 30 minute-consultation which can be booked via our online booking system. Alternatively, you can book by calling 01245 890224.