Parental Responsibility in England and Wales: A Quick Guide

Understanding parental responsibility is essential if you are a parent, separating, divorcing, or involved in decisions about a child’s upbringing. While the term is often used in family law, many parents are unsure what it actually means in practice.

This quick guide explains what parental responsibility is, who has it, how it can be acquired, and how decisions about children are made under the law in England and Wales.

What is parental responsibility?

Under the law in England and Wales, parental responsibility is defined as:

“All the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and their property.”

In simple terms, parental responsibility is about the legal authority to make important decisions about a child’s life, alongside the responsibility to act in their best interests.

This covers both everyday matters — such as involvement in activities or routines — and more significant decisions, including education, healthcare, and religion. It also applies in urgent situations, such as making decisions during a medical emergency.

Who has parental responsibility?

Some people have parental responsibility automatically, while others may need to take steps to obtain it. Who has parental responsibility will depend on the child’s circumstances.

Automatic parental responsibility

• Mothers automatically have parental responsibility from the moment a child is born, regardless of marital status or the use of donor eggs.
• Fathers automatically have parental responsibility if they are married to the mother at the time of the child’s birth.

Unmarried fathers

Unmarried biological fathers do not automatically have parental responsibility. However, it can be acquired in several ways, including:

• Being named on the child’s birth certificate (for births registered after 1 December 2003)
• Re-registering the birth certificate to add the father’s name
• Marrying the mother at a later date (parental responsibility continues even after divorce)
• Entering into a formal parental responsibility agreement with the mother
• Obtaining a court order, such as a Parental Responsibility Order or a Child Arrangements Order confirming that the child lives with them

What about step-parents and other family members?

Non-biological parents, such as step-parents do not automatically have parental responsibility.

They may acquire it by:

• Gaining the consent of everyone who already has parental responsibility and entering into a parental responsibility agreement
• Obtaining a Child Arrangements Order from the family court
• Being appointed as a legal guardian or special guardian

Can parental responsibility be removed or restricted?

Ending parental responsibility is rare and only considered where there is serious cause and it is clearly in the child’s best interests.

In some cases, the court may instead restrict how parental responsibility is exercised — for example, limiting access to medical or educational information — rather than removing it entirely.

Can one parent make decisions alone?

Where more than one person has parental responsibility, major decisions must usually be made together.

This includes decisions about:

• Where and how a child is educated
• Medical treatment and consent
• Holidays or extended travel abroad
• Legal proceedings involving the child
• Changing the child’s name
• Religious upbringing

For day-to-day matters, such as routines, discipline, or attending school and activities, agreement from everyone with parental responsibility is not required.

That said, cooperating on parenting approaches — particularly following separation or divorce — can provide children with stability and reassurance during what can be a difficult time.

Parenting and the school holidays

School holidays often raise practical questions, especially where parents live separately. If you plan to take your child abroad, change existing arrangements, or spend extended time with them, it is important to discuss this in advance with everyone who has parental responsibility.

If you are concerned that consent may not be given — or if disagreements arise — a family solicitor can advise you on your options and help you find a practical, child-focused solution.

Need advice on parental responsibility?

Every family situation is different. If you are unsure about your rights, responsibilities, or next steps, taking early legal advice can help you avoid unnecessary conflict and focus on what matters most — your child’s wellbeing.

At NjP Solicitors, our experienced family law team supports parents across England and Wales with practical, child-focused advice on parental responsibility, child arrangements, and wider family matters.

If you have questions or need guidance tailored to your situation, contact NjP Solicitors today to speak with a family law solicitor who will take the time to understand your circumstances and help you move forward with confidence.