FREQUENTLY ASKED QUESTIONS FOR FATHERS
INTRODUCTION
We know that sometimes fathers are overlooked or excluded by local authorities who are involved with the welfare and protection of their children.
We have written these frequently asked questions to help fathers (and father figures) whose children are involved with, or require, social care services. We hope that will help you to understand your legal responsibilities and rights and the options open to you.
Children's services are involved in my child's life, what are my rights as a father?
The Children Act 1989 sets out the main powers and duties of the local authority to keep children safe and promote their wellbeing. Whenever the term 'parent' is used in the Children Act (or its associated guidance) it includes all biological fathers whether or not you have parental responsibility.
However, if there is a possibility of your child being adopted, the relevant law is the Adoption and Children Act 2002. Any reference to 'parents' in relation to adoption does not include fathers without parental responsibility. If this applies to you, it is important that you seek advice immediately about how to obtain parental responsibility.
Parental responsibility
1. What is parental responsibility?
Parental responsibility is the term used to describe the rights and responsibilities parents have to care and provide for their children and make important decisions about their upbringing.
2. Do I need parental responsibility?
You need parental responsibility in order to make key decisions about your child, such as consent to medical or dental treatment, consent to school trips and taking a child abroad.
However, if your child is in the care system, the local authority should involve you in discussions about plans for your child whether or not you have parental responsibility.
3. Do I automatically have parental responsibility for my child because I am her father?
Not necessarily. All mothers automatically have parental responsibility for their child from the moment of the child's birth, but as a father you will only have parental responsibility automatically if:
- you are married to the mother at the time of the child's birth or you marry her after the birth: or
- you are registered as the child's father on the birth certificate and the registration took place after 1st December 2003.
Otherwise you can get parental responsibility:
- by you and your daughter's mother both signing an authorised agreement giving you parental responsibility. The form you need is PRA1 and you can click here to download the form. Once you have both signed it in front of an authorised person, you need to send it to The Principal Registry of the Family Division; or
- if you daughter was born before 1st December 2003 you can re-register the birth. The re-registration must be done jointly with your daughter's mother or you can do it alone provided the mother signs a statutory declaration that you are the child's father (click here for further information); or
- by you applying for a court order giving you parental responsibility under s.4 Children Act 1989 (click here to get more detailed information about parental responsibility).
4. I am in a fathering role but I am not the child's biological father. How can I acquire parental responsibility?
If you are a step-parent who is either married to the mother, or in a same sex-civil partnership with a birth father who has parental responsibility, you can get parental responsibility in three ways:
If both parents with parental responsibility agree, you can make a formal agreement with both of them on an authorised form (PRA2) which you can obtain by clicking here. Again, once this has been signed by all of you in front of an authorised person, you need to lodge this form with the Principal Registry of the Family Division; or
By applying to the court for an order which grants parental responsibility under s.4A Children Act 1989; or by applying to court for a different legal order, for example a residence order, which gives the holder of the order parental responsibility, but you may need the court's permission (i.e. leave) to do this.
For further information about parental responsibility click here.