No, unmarried fathers do not automatically have parental responsibility, though they have other important rights and obligations in relation to their child. Fathers with parental responsibility are entitled to be involved in key decisions about their child’s upbringing, including education, healthcare and living arrangements.
This article explores the legal rights of unmarried fathers, including parental responsibility, child arrangements and the importance of being named on the child’s birth certificate.
Unmarried fathers’ rights
An unmarried father does not automatically have parental responsibility, however, he still has obligations towards the child, this includes the statutory duty to maintain by providing financial support.
Married fathers’ rights
A father of a child who is married or in a civil partnership with the child’s mother when the child is born automatically has parental responsibility.
The difference between married and unmarried fathers?
An unmarried father does not automatically have parental responsibility. There are a number of different ways that a child’s father can acquire parental responsibility, this includes being named on the child’s birth certificate; marrying or entering into a civil partnership with the child’s mother after the child’s birth; by agreement with the child’s mother; or by an order of the court.
Do unmarried fathers have custody rights?
If the child’s parents can agree on the arrangements for the child’s living situation, contact arrangements and general welfare, there may be no need for legal intervention. However, if parents are unable to agree then legal intervention may be a helpful option.
Unmarried fathers can apply to the court for a child arrangements order, to decide who the child should live with and how much time they should spend with each parent.
The court’s priority is the welfare of the child and their best interests. In the majority of cases, this will include the child having a meaningful relationship with both parents.
Parental responsibility of unmarried fathers
The Children Act 1989 does not provide a clear definition or list of the rights, powers and duties included under ‘parental responsibility’. However, the list below is widely accepted as covering the scope:
- Providing the child with a home;
- Protecting and maintaining the child;
- Disciplining the child;
- Contact with the child;
- Education;
- Religion;
- Consent to medical treatment;
- The child’s name;
- Removal of the child from the jurisdiction;
- Passport applications;
- Representation in legal proceedings concerning the child;
- Consent to adoption of the child;
- Administration of the child’s assets;
- Appointing a guardian;
- Burial or cremation of a deceased child;and
- Consent to marriage.
If there is a dispute over one parent’s actions, this can be challenged by an application to court (Prohibited Steps Order or Specific Issue Order).
Does parental responsibility mean automatic contact rights?
A child has a right to have contact with their parents. However, this is not an absolute right, contact must be in the child’s best interest with the child’s welfare being the paramount consideration.
Parental responsibility and spending time with a child are legally separate concepts where having one does not automatically grant the other.
How unmarried fathers can obtain parental responsibility
Depending on the circumstances, parental responsibility can be acquired in a variety of ways, this includes at birth, by agreement or by an order of the court.
Being named on the birth certificate
An unmarried father automatically acquires parental responsibility if he is named on the child’s birth certificate and the birth was registered on or after 1 December 2003.
Entering into a parental responsibility agreement
A father can acquire parental responsibility by way of a formal written agreement with the child’s mother. This is known as a parental responsibility agreement. It is a legal document that must be signed and witnessed. To ensure the best protection, the agreement should be drafted by a legal professional and filed with the court.
Applying to the court for parental responsibility
If the child’s father is unable to reach an agreement with the child’s mother, the father can make an application to the court for a parental responsibility order. The child’s mother then has the option to oppose the application and confirm with the court her reasoning for this.
When considering whether to allow a father to have parental responsibility for a child, the court will take into account the father’s commitment and attachment to the child as well as his reasons for applying. Generally, courts tend to award parental responsibility unless they believe that the father poses a risk to the child or to the child’s mother. A parental responsibility order can only be made by the court if the child is under the age of 18.
Access rights of unmarried fathers
In situations where a father does not have parental responsibility, even though they have acted as a parent, there is no automatic right for ongoing access to support and care for the child. In circumstances where an unmarried father would like to have ongoing access to support and care for his child, it is possible to sign a parental responsibility agreement or apply to the court for an order. This can be a helpful option to ensure both ongoing support and access to the child.
What if the mother refuses contact?
If parents are unable to reach an amicable agreement, mediation or legal advice may help. As always, the needs and welfare of the child should be the priority.
Will the court always grant contact?
The court does not always grant contact. While the general view is that having a relationship with both parents is beneficial for a child, if the court believes that contact poses a risk to the child’s safety and welfare, they can restrict or, in exceptional circumstances, completely deny it.
How can Goughs help?
Whether you need advice on parental responsibility, child arrangements or wider family law matters, our team is here to provide clear, practical support and guidance. Book a 30-minute family law consultation with us today.
