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Not having parental responsibility for your child can leave you with no legal right toward them and no say in their upbringing. At Harrowells, our solicitors can provide clear, practical guidance and support to ensure your views as a parent are heard and respected.
Having children with another person can be stressful, particularly in situations where you are not a couple and have different views from one another. Where one parent doesn’t have parental responsibility, disputes can arise.
Our solicitors can advise on all aspects of parental responsibility. This includes at the initial separation, during divorce proceedings or at a later stage if you have concerns about how arrangements are working in practice.
Each family situation is different and arrangements need to be tailored to reflect this. Nevertheless, we can draw on our wide ranging experience to suggest practical solutions that can be agreed upon or, if necessary, imposed by recourse to the courts. This ensures that you and your children have the most effective and supportive arrangements in place.
Our parental responsibility solicitors in Yorkshire have years of collective expertise working with clients from all backgrounds on their parental responsibility matters. We have in-depth knowledge and proven skills in dealing with these complex issues and are ready to provide tailored advice in plain English.
The Harrowells team have received a number of awards and accreditations for our proficient service and dedication to serving clients nationally, including recognition from The Legal 500, an independent annual assessment of the top law firms in the UK.
We have additionally received the Law Society’s Lexcel accreditation, which recognises the high level of client care and practice management we provide.
We are physically based in Yorkshire, but we regularly assist clients throughout England and Wales because of our recognised expertise and effectiveness in advising on all aspects of child law.
We are very happy to hold a meeting with you by phone or video call, so please email advice@harrowells.co.uk to set up a meeting.
For more locally based clients, we can meet you at one of our network of offices across North and East Yorkshire in York, St Saviourgate, Clifton Moor, Haxby, Easingwold, Thirsk, Pocklington or Malton.
Parental responsibility legal advice
It may not be clear as to whether you have parental responsibility for your child or not. Should you be in a situation that leaves you thinking otherwise, our solicitors can take the time to assess your personal situation and advise whether you have parental responsibility.
If it is determined you do not have parental responsibility, our parental responsibility specialists will talk you through your rights as a parent and the options available should you wish to obtain parental responsibility.
Drafting a parental responsibility agreement
If you are looking to have parental responsibility towards your child, it can easily be obtained through a parental responsibility agreement, but only if all individuals with parental responsibility agree to make the agreement.
Our solicitors can assist you in liaising with the other parties and coming up with an agreement you are all satisfied with. It’s crucial that when you draft a parental responsibility agreement that everything is done correctly and in line with the prescribed form. Our solicitors can additionally support you with the process of drafting the agreement, making sure that there are no mistakes.
Applying for a parental responsibility court order
If the other person or persons with parental responsibility do not agree to share this with you, the most appropriate solution may be to apply to the court for a parental responsibility order.
Our child law solicitors can aid you with the court process, including preparing a strong case for court with evidence supporting your application. At Harrowells, we have a successful track record in court proceedings and will work with you and the court to obtain the outcome you are looking for.
During our initial discussion, our solicitors can get a scope of the position you are in and the type of assistance you are seeking. From this discussion, our solicitors can advise you on the expected costs, which will be based on the level of expertise and support you require.
No matter the type of funding necessary for your case, you can be confident in having a complete breakdown of the fees prior to work being carried out.
For more information on our fees, see our Family Law Fees page.
Please note: Harrowells is unable to offer legal aid.
What is parental responsibility?
If someone has parental responsibility towards a child, it means that they legally have rights, duties, powers, responsibilities and authority towards the child. The full definition is set out in section 3(1) of the Children Act 1989.
What rights does parental responsibility give?
Some examples of the rights that parental responsibility gives, includes:
Who has parental responsibility?
Parental responsibility is sometimes automatically gained without needing to have an agreement or court order.
When a woman gives birth to a child, they will automatically receive parental responsibility for that child. The only way a father or second mother can receive automatic parental responsibility is if the mother and father are married at the time of birth or if both mothers were married/in a civil partnership at the time of fertility treatment.
If the second parent does not automatically qualify for parental responsibility, they can still have it if both parents jointly register the birth of the child.
For parents who are adopting a child, they will both receive parental responsibility towards the child when the adoption order is granted.
How can you get parental responsibility?
There are a few ways to get parental responsibility if you have not received it automatically, including:
Can parental responsibility be transferred?
It is not possible for parental responsibility to be transferred to another individual unless it is with an adoption order. If someone, however, wanted to share their parental responsibility, this is possible to do.
Can parental responsibility be removed?
Removing parental responsibility can only be done by the court should they see a parent unfit to carry out their role.
When does parental responsibility end?
In the UK once the child reaches the age of 18, parental responsibility will end, but it is possible for it to end earlier.
To learn more about parental responsibility, see our recent blog posts:
We are very happy to hold a meeting with you by phone or video call, so please email advice@harrowells.co.uk to set up a meeting.
For more locally based clients, we can meet you at one of our network of offices across North and East Yorkshire in York, St Saviourgate, Clifton Moor, Haxby, Easingwold, Thirsk, Pocklington or Malton.
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