Fathers Rights

Fathers Rights Solicitor

Where there are no serious safeguarding concerns, the Court considers that a child has the right to spend quality time and have a meaningful relationship with each parent.

There is a common misconception that fathers have less rights than mothers. Although this isn’t entirely true, not all fathers automatically have ‘legal’ rights when it comes to their children. In UK law this is referred to as ‘parental responsibility’. Whether you have legal parental responsibility or not will depend on your circumstances.

What rights do fathers have?

In the UK, fathers hold fundamental rights recognised in family law. While these rights might vary depending on individual circumstances, they generally cover parental responsibility, contact and living arrangements, child maintenance and the right to apply for court orders (as long as the father was either married to the mother or named on the birth certificate).
More detailed information about Fathers’ Rights can be found here.

What is Parental Responsibility?

Parental responsibility is generally defined as the right to make important decisions about your child’s upbringing (i.e. their education, health and other day-to-day decisions).

In the UK, biological mothers automatically have parental responsibility. However, fathers only automatically have parental responsibility in the following circumstances:-

1. Where the mother and father are married before the child was born, OR
2. The father is named on the child’s birth certificate.

If you do not automatically have parental responsibility, you can obtain parental responsibility by reaching an agreement with the mother or by obtaining an order from the Court. However, it’s important to note that, when making an application to the Court for parental responsibility, the Court's main concern will be the safety and welfare of the children.

Parental Rights and Responsibilities for Married Fathers

In the UK, marriage to the mother before the child is born will automatically assign you parental responsibility.
When a couple decides to divorce, however, complicated custodial disputes often arise. When an agreement can’t be reached privately or through mediation, the court will then get involved to make decisions on access arrangements and to prioritise the child’s welfare over any other wishes.

Parental Rights and Responsibilities for Unmarried Fathers

Unfortunately, unmarried fathers aren’t automatically granted parental responsibility unless they are named on the child’s birth certificate. If they are not, unmarried fathers will have to either obtain a ‘Parental Responsibility Agreement’ with the mother or be granted a ‘Parental Responsibility Order’ from the court.

Your Rights to Spend Time with Your Child

A father has the same right to have contact (‘spend time’) with their child as the mother. If there is a dispute about with who the child should live or how much time they should spend with each parent, you can make an application to the Court for a Child Arrangement Order.

Anybody with parental responsibility can make an application for a Child Arrangement Order. If you don’t have parental responsibility, however, your application will need to include ‘permission’ from the Court to make the application as a person without parental responsibility.

GloverPriest - Your Fathers’ Rights Solicitor

When it comes to family legal matters, particularly those concerning your rights as a father, discussing your case with a specialist father's rights solicitor becomes critical. 

In our experience, the Court will always strive to ensure that any final Order made will allow children to spend quality time equally with their parents – as long as it is safe and in the child’s interests to do so – irrespective of whether you are the mother or the father.

For friendly and transparent family law advice, further help on child arrangements or more information on your rights as a father, please don’t hesitate to get in touch with one of our expert family lawyers today.