Parental responsibility covers the rights, duties, powers, responsibilities and authority of a parent for their child. Mothers always have it, and unmarried fathers can obtain it by marrying the child’s mother, by completing a parental responsibility agreement with her, or by obtaining a court order. Since December 2003 an unmarried father whose name is on the birth certificate also has parental responsibility.

More recently step-parents (including cohabitees in civil partnerships) are now able to apply for it and anyone, whether they are a parent or not, who has a court residence order requiring a child to live with them will have it so they can make decisions about the child living with them.

If a father wants parental responsibility, a court will expect him to show some commitment to the child by having contact, paying maintenance or providing support for the child. The court looks at the child’s best interests, the commitment and attachment between father and child, and all the relevant circumstances before it decides whether to grant parental responsibility.

The case often argued against fathers wanting parental responsibility is their lack of involvement but the hurdle for the father is not particularly high. A father playing any real part in his child’s life, having contact and paying maintenance, is very likely to obtain parental responsibility from a court if it cannot be agreed outside court.

A father who has parental responsibility should be consulted on the more important issues such as health or education. Sometimes fathers see parental responsibility as an opportunity to interfere in minor matters, often leading to disagreements between parents. However it does not give them the right to interfere in a mother’s day to day decisions for the child.

Difficulties between parents can arise if a mother does not think the father should participate in decisions about their child. A father without parental responsibility can still let the carer know his feelings if he objects to decisions regarding a child. He can apply to the court for a specific issue order. The court will decide on the problem, such as a choice of school or whether a child should receive a certain kind of medical treatment. He can ask the court for a prohibited steps order to stop the carer doing something in their exercise of parental responsibility to which he objects. He can also apply for contact with the children and ask a court to decide that a child should live with him if he believes he can provide better care. Usually fathers applying to the court about an issue include an application for parental responsibility. The court’s paramount concern is always the child’s welfare.

Parental responsibility does not affect a parent’s connection with their child. It is important, but not having it is not quite the disaster some fathers may feel. Even without it, he can still make his feelings clear, and if he cannot persuade his former partner, the court will still listen to what he has to say.