Children

Parental Responsibility Agreements

Parental responsibility is a term used to describe the legal duties and rights that a parent has for their child. The term is not only used in the case of biological parents. It can also be used to refer to the legal duties that same sex second parents, stepparents, relatives or caregivers have for a particular child.

When a child is born, their mother will automatically gain parental responsibility. The child’s father, or the mother’s same sex partner, will only gain parental responsibility if they are married to, or in a civil partnership with the mother.

To gain parental responsibility, a father, same sex partner, or stepparent, will need to enter into a Parental Responsibility Agreement with the mother.

At Crisp & Co, we are experts in parental responsibility rights. Our parental responsibility agreement solicitors are able to support clients in a number of ways, including:

  • Parental Responsibility Agreements for Fathers
  • Parental Responsibility Agreements for Same Sex Second parents
  • Parental Responsibility Agreements for Stepparents
  • Parental Responsibility Agreements for Grandparents

 

How we can help with Parental Responsibility Agreements

Parental Responsibility Agreements for Fathers

If you are an unmarried father, and you would like to gain parental responsibility for your child, we can help you to enter into a Parental Responsibility Agreement with the mother. To do so, the mother will need to agree to enter into this agreement with you.

Our expert solicitors can provide legal advice, and guide you and the mother to complete a parental responsibility agreement form. You will both be required to sign the form, which must be witnessed at a family Court. We can ensure that you are well prepared for the process, and have all the key information that you need.

If you are a mother who is unsure about entering into a parental responsibility agreement with the father, please contact us for bespoke legal advice.

Parental Responsibility Agreements for Same Sex Partners

If you are the mothers’ same sex partner, and you will be acting as the child’s second parent, we can help you to gain parental responsibility if you do not have it already.

Our specialists can offer personalised legal advice tailored to your circumstances, help you and the mother to complete a Parental Responsibility Agreement Form, and have this witnessed at the family Court.

To learn more about how we can help you today, please get in touch with our friendly team at Crisp & Co.

Parental Responsibility Agreements for Step Parents

Our team are also able to help stepparents to gain parental responsibility. Note that the regulations and process is slightly different to that of unmarried fathers, or same sex partners.

It is important to note that a stepparent will not be able to apply for parental responsibility unless they are married to or in a civil partnership with the mother.

If you are married to, or in a civil partnership with the mother, we can help you to apply for parental responsibility rights as a step parent. We can assist you to fill out the Parental Responsibility Agreement form for step parents, and ensure that the signing of the form is correctly witnessed.

It is important to note that this agreement will impact the legal position of both biological parents and the step parent. It is necessary that everyone who has parental responsibility agrees that the stepparent can gain these legal rights. Where the step parent is granted parental responsibility, there will be shared parental responsibility between the step parent and anyone else with this right, i.e the child’s biological parents.

To discuss parental responsibility agreements in the UK today, please get in touch.

Parental Responsibility Agreements for Grandparents

If you are a Grandparent, and you would like to gain parental responsibility, it is not possible to do this through a traditional parental responsibility agreement. However, grandparents can gain parental responsibility via other routes, including:

Special Guardianship Order: This Order permits a child to live with a special guardian until they reach the age of 18 years old. The special guardian, in this case the grandparent, will gain parental responsibility for the child, and therefore be involved in making key decisions about the child’s life.

Child Arrangements Order: These Orders are used to determine where a child lives, who they have contact with, and what type of contact. In certain contexts, Grandparents can apply for Child Arrangement Orders to gain parental responsibility for a grandchild.

Get in touch with our expert parental responsibility agreement solicitors at Crisp & Co today

If you would like to discuss Parental Responsibility Agreements, or any related family law matter, please contact our specialist parental responsibility agreement solicitors at Crisp & Co.

You can give us a call on 0330 013 0381 or request a free call back by filling out the enquiry form on the right hand side of our home page.

Why choose Crisp & Co?

When you work with our team at Crisp & Co, you’ll be working with a dedicated specialist family law solicitor. We have ample experience, and a talented and hard working team who always putting our clients first.

 

Our family lawyers are Family Law Advanced accredited by the Law Society for our expertise in handling complex cases. Many of our team are members of Resolution, a network of family lawyers and other legal professionals who promote methods of Alternative Dispute Resolution over drawn-out and often contentious Court proceedings. We are also accredited by the Legal 500, Chambers & Partners, and are members of The Surrogacy Network.

 

We understand that family law cases should be handled delicately, which is why we always approach these issues with care, remaining respectful of your circumstances. Our team will ensure that the legal procedures are explained to you carefully, so that you always know where you stand and feel comfortable.

Frequently asked questions about parental responsibility agreements

What is a parental responsibility agreement?

When a child is born, the mother will automatically have parental responsibility, meaning that she will have certain legal duties and rights regarding her child’s upbringing. The child’s father, or same sex partner, will only have these rights if they are married to or in a civil partnership with the mother.

A Parental Responsibility Agreement is an agreement that an unmarried father, or same sex partner enters into with the mother. Once they are entered into the agreement, they too will gain parental responsibility regarding the child.

Why might I need a Parental Responsibility Agreement?

When it is necessary to make a key decision regarding a child’s life, everyone with parental responsibility must be consulted, and agree.

If you do not have parental responsibility for your child, for instance, as an unmarried father, this will mean that the child’s mother will be able to make certain key decisions about your child’s life without your agreement or involvement.

For this reason, it is advised that unmarried father’s enter into a parental responsibility agreement with the child’s mother.

If you are a grandparent, there might be various circumstances where you need to be able to gain parental rights with regard to your grandchild. For instance, where the child’s parents are having problems taking care of their children. In these circumstances, you might seek parental responsibility via a Child Arrangement Order.

What is covered in a Parental Responsibility Agreement?

A Parental Responsibility Agreement is an agreement that’s used to legally confirm and record parental responsibility, for instance, to legally allocate parental responsibility to a father, same sex partner or stepparent.

On a parental responsibility agreement form, the mother agrees that the father, partner or stepparent will gain parental responsibility. The signatures of both parties are witnessed, and parental responsibility is granted.

In terms of duties, gaining parental responsibility means that the father, same sex partner, or step parent, will be responsible for making key decisions about the child’s life, including living arrangements, medical treatment, religious education, and other key choices.

What is the process of getting a parental responsibility agreement?

To get a parental responsibility agreement you will need to fill out a parental responsibility agreement form. This will be the PRA1 form for fathers or same sex partners, or the PRA2 form for parents. Both of these forms can be accessed on the UK Gov website. When the involved parties sign the forms, the signatures will need to be witnessed by a family Court.

It is advisable that involved parties seek legal advice before entering into a Parental Responsibility Agreement. Gaining parental responsibility means having specific legal duties and obligations regarding a child, and therefore, it is not a decision that should be taken lightly.

Who can witness a Parental Responsibility Agreement?

A Parental Responsibility Agreement needs to be witnessed by an official of the Court, for instance, a ‘Justice of the Peace’, a Justices’ Clerk, an assistant to a Justices’ Clerk or an Officer of the Court who is authorised to administer oaths.

How much does a Parental Responsibility Agreement cost?

You will not need to pay for entering into a Parental Responsibility Agreement specifically, however, you will need to pay fees for the associated legal guidance.

When you work with our team at Crisp & Co, we will provide an accurate quote at the start. For more information, please get in touch.