Your rights as a Parent When You Separate or Divorce
27th September, 2024
In this article we’ll outline what parental rights are, how they operate during separation, potential differences between Mothers and Fathers, and what this means for your children.
What are parental rights?
Strictly speaking, Parents don’t have rights, they have responsibilities for their children, which are referred to collectively as Parental Responsibility. This term refers to the important roles you have in your child’s life. Meaning, the decisions you make on behalf of them and how you choose to parent.
Most importantly, your roles are providing a home for your child, meeting their physical and emotional needs and protecting them. Other responsibilities include how you choose to discipline, where you decide your child receives education, decisions on your child’s medical treatment, and looking after their property.
How Parental Responsibility operates during separation
You can have parental responsibility for your child even of they don’t live or spend time with you.
When it comes to routine decisions, it is completely fine for the parent who is with the child to make these choices day to day, without the need of approval from the other parent.
However, both parents must be included when it comes to important decisions about the child’s life such as medical decisions and educational decisions. As an example, if one parent wanted to move to another country with their child, this decision would have to be agreed in writing by both parents. If parents cannot agree, then one parent can apply for a Specific Issue Order, which allows a Judge to make a decision based on what is deemed the best interests of the child.
Decisions like this can be difficult, so support from a family solicitor can be beneficial.
Parental responsibility differences
If you are a biological mother you will automatically have Parental Responsibility for your child from birth. If a child is born after being carried by a surrogate mother, or is adopted, Parental Responsibility will move to the intended parents after a Parental or Adoption Order is made.
Parental Responsibility for Fathers, however, is not automatic. For a father to have Parental Responsibility, the father must either be married or in a civil partnership with the mother; be named on the child’s birth certificate; enter into a parental responsibility agreement with the mother or have a Parental Responsibility Order, Parental or Adoption Order from the Court.
It’s important to seek support from a family solicitor if you have any confusion regarding parental responsibility of mothers and fathers.
A Ward Hadaway family solicitor can help you understand your rights
We understand separation and parental responsibility can be confusing without the knowledge of how they operate. For support you can contact a divorce solicitor so you don’t feel in the dark about matters important to you.
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Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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