No Ring, No Rights

The right of an unmarried father to see his children

It is a myth that unmarried fathers of children have the same rights of access to their children as those fathers who are married.

It seems unfair, however true that both parents remain responsible for maintaining their children, whether or not the father has parental responsibility. The parent with care can apply to the Child Support Agency for an assessment, and collection, of the monies due from the unmarried father even if he does not have parental responsibility. The unmarried father who does not seek parental responsibility will therefore still remain liable to maintain his child.

What is parental responsibility?

Parental responsibility encompasses the rights and obligations a parent has in making decisions which affect a child’s life, such as where the child goes to school and what medical treatment the child should have. It gives the unmarried father the legal right to be involved in decisions which concerning his child, have access to information about his child (for example GP’s records) and to be informed about his child (for example by the child’s school)

Who has parental responsibility?

Parental responsibility is automatically conferred on the child’s mother. If the parents are married at the time of the child’s birth the father will also automatically obtain parental responsibility.

How can unmarried fathers acquire parental responsibility?

If the child was born before 1st December 2003:

1. Obtaining a Parental Responsibility Order from the court.
2. Marrying the child’s mother.
3. Registering a Parental Responsibility Agreement with the Court.
4. Obtaining a Residence Order.
5. By being appointed as the child’s guardian.

If the child was born after 1st December 2003 the above criteria apply plus

1. Registering the child’s birth with the mother at the time of the birth.
2. Re-registering the birth together with the mother.

What is a parental responsibility agreement?

An agreement can by made with the mother in a prescribed form which is laid down by Parental Responsibility Agreement Regulations 1991.

If an agreement cannot be reached what factors will the Court take into account when granting a parental responsibility order?

The court will consider evidence of commitment by the unmarried father to the child, evidence of the degree of attachment between the father and the child, and the father’s reason for applying for the order in dealing with such an application. The child’s welfare will remain the court’s foremost consideration. The lack of a responsible attitude towards the child, or evidence that the exercise of parental responsibility will be used to interfere with or undermine the mother’s care of the child, may result in the court refusing to make a parental responsibility order.

If you are in a situation where you are being denied contact with your child then Lloyd & Co can make an application to the Court on your behalf for a Parental Responsibility Order.