Find out what your legal responsibilities are as a parent, and how you can come to make decisions for your child.
You can get advice on how to communicate with your child’s other parent when you don’t agree with the best course of action for your child, as well as what your legal rights are when making decisions about your child.
This page explains the rights and responsibilities of parents who live apart. It tells you who is responsible for the care of a child and who can have a say in important decisions in a child’s life, such as where they go to school, their religion and where they live.
Parental responsibility means the legal rights, duties, powers, responsibilities and authority a parent has for a child and the child’s property. A person who has parental responsibility for a child has the right to make decisions about their care and upbringing. Important decisions in a child’s life must be agreed with anyone else who has parental responsibility.
The following are examples of important decisions in a child’s life that should have the agreement of everyone with parental responsibility:
Parental responsibility does not affect the duty a parent has to maintain their child financially. All parents have a legal duty to pay towards their child’s upbringing, whether or not they have parental responsibility.
Day-to-day decisions are made by the person who is looking after their child at that time, they don’t have to be agreed with each person with parental responsibility.
This doesn’t mean parents shouldn’t discuss what they think is appropriate on a day-to-day level. It is helpful if parents agree on how to tackle issues such as discipline, bedtimes, and homework, but if you don’t agree on these things then neither parent can force the issue with the other.
A parent can decide who a child sees when they are with them. If you or your child’s other parent wants to introduce a new partner to your child, ideally both parents should discuss how it might affect your child and how they feel. You cannot prevent your child’s other parent introducing a new partner to your child, unless the new partner would pose a risk to your child.
The following people automatically have parental responsibility:
There are some situations when it’s important to get legal help and advice. Examples include if you are separating and need to sort out finances, if you could lose your home through repossession or eviction, or if either you or your child is in danger or at risk of being harmed.
If you need legal advice it should always be given by a qualified person who has professional liability insurance, but it can be difficult to know how to find this help.
Some services are free and some will charge. It is important to check this before you receive advice. Public funding for legal costs is known as legal aid. It has become more difficult to get legal aid, and it only covers certain types of legal problems. You generally need to be on a low income to qualify. You can check if you can get legal aid on gov.uk.
The guide ‘‘What to expect when using a solicitor’ by the Law Society provides information on how to choose a solicitor, the questions to ask and how to prepare for a meeting with them.
Solicitors can help with all kinds of legal matters but it’s important to find one who is experienced in the area of law you need help with.
If your employer is part of an employee assistance programme, you could be entitled to free legal advice from them. Similarly if you are the member of a trade union they may be able to help you. These services can sometimes offer help with legal fees, or provide a telephone helpline service. You should also check any insurance policies you have (such as car or household insurance) in case they include free legal advice.
If you are a parent and would like to find out more about our Family Grant Scheme please fill in the following form to request a call back.
If you are a parent and would like to find out more about our Student-Parent Grant Scheme please fill in the following form to request a call back.
(01274) 223292
The Work and Kids Project is a not-for-profit social enterprise that is dedicated to helping parents and young families across the UK achieve financial and emotional independence.
