Fathers' rights =============== Separating parents can wonder what rights a father has following a divorce. Though children often live with their mother after their parents separate, this is in no way an automatic assumption. The courts will always start with the presumption that it is in the child's best interests to have contact with both parents. Where a father has been the primary carer - doing most of the work looking after the children - it is likely that the children will remain living with him. Where a child does not live with the father, he will have as much contact with the child as is practicable and suitable for that child. The court will only prevent a father from seeing a child if there are good reasons - for example, proven allegations of neglect or abuse. If a mother unfairly restricts access to the child, the court can use a variety of mechanisms to punish this, including fines, community service, or even prison. A father's right to their children during a divorce is based purely on whether he has parental responsibility - the process of divorce does not affect this in anyway. **If you need advice or representation on any Children Law matters, click below for a free initial consultation with one of our expert Children solicitors.** [BOOK CONSULTATION](https://vardags.com/contact "BOOK CONSULTATION") What is parental responsibility? -------------------------------- Parental responsibility covers the rights, powers, responsibilities and authority that a parent has in relation to a child under the law. These important decisions include: - The name of the child (this includes their surname and any changes to this). - Their living arrangements including feeding and clothing. - Choosing their religious beliefs. If there is a mix of beliefs, then the child should be exposed to both religions until old enough to decide for themselves. - Determining their education and the school they will attend as well as having access to school reports. - Giving consent to medical treatment and procedures and having access to medical records. - Appointing a guardian if the parents die. - Giving consent to the child being taking abroad for holidays or longer periods. - Representing the child in court. - Disciplining the child. Who has Parental Responsibility? -------------------------------- Parental responsibility can either be automatic or acquired depending on the person's relationship to the child and their marital status. The biological mother will always have automatic parental responsibility for a child. The situation is not always the same for the biological father, who will only have automatic parental responsibility where one of the following criteria are met: - He was married to the mother at the time of the birth - Where he was named as the father on the birth certificate at the time the birth is either registered or re-registered (this applies from December 2003) - If he adopts the child - Where the father becomes the child's guardian ### Does divorce end a father's rights in relation to their children Parents that are married or in a civil partnership will not lose their parental responsibility if they divorce or separate- it does not matter that they are not living with their child. Parental responsibility can end either automatically or by a court order. Parental responsibility ends either automatically or via a court order in the following situations: - When the child reaches 18 years - On the making of an adoption order - In surrogacy cases, in the making of a parental order - By a court order How does an unmarried father get parental responsibility? --------------------------------------------------------- We do get asked what rghts do fathers have if they are not on the birth certificate. It is worth noting here what the situation is for unmarried fathers where a relationship ends. An unmarried father that is not named on the birth certificate will not automatically have parental responsibility. This means that the mother will be able to make all decisions in relation to the child, including where they live, and the father does not have any input. To get around this issue, the father can either get a: - He enters into a parental responsibility agreement with the mother and files this with the Central Family Court - If he obtains a court order granting him parental responsibility - A father that is named in a child arrangements order as the person that the child should live with is granted parental responsibility - If the father is named in a child arrangements order as someone that the child should have contact with and the court determines that it would be logical to grant him parental responsibility in light of this Can fathers take their children on holiday during a divorce? ------------------------------------------------------------ Where both parents have parental responsibility, then neither can take the child abroad without the consent of the other or a court order allowing it - without this it is a criminal offence. However, if one parent has a Child Arrangements Order, then they can take the child abroad for up to a month without the consent of the other parents with parental responsibility. Further information can be found [here](https://vardags.com/law-guide/children-contact-process/do-i-need-permission-to-take-my-children-on-holiday-during-a-divorce). Fathers for justice ------------------- Fathers for Justice was a family law pressure group which chose to highlight issues for fathers through high profile stunts. Though some more extreme actions and members saw the group become discredited, their protest had a noticeable impact on family law. Since the group became active, there has been increased scrutiny and transparency in the family courts, and successive governments have worked to promote greater support for fathers in the family law system. *Vardags is one of the UK's top divorce law firms. We specialise in complex, [high net worth](https://vardags.com/law-guide/the-ultimate-guide-to-high-net-worth-and-ultra-high-net-worth-divorces) and [international cases.](https://vardags.com/locations-we-serve/international-divorce-lawyers) The Legal 500 has said of Vardags lawyers : "The team is noted for its sheer intellect".* Related Reads ------------- ### A closer look at international child relocation and parental responsibility Relocating abroad has become a common experience for many families and their children. There are... [READ MORE](https://vardags.com/family-law/international-child-relocation-parental-rights "A closer look at international child relocation and parental responsibility") ### A costly oversight: finance order made before decree nisi Mr Justice Cobb, sitting in the Family Court in Leeds, had to consider the validity of financial... 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[READ MORE](https://vardags.com/family-law/application-for-parental-orders "Court allows application for parental orders made after six month time period") ### House of Commons briefing paper: single people have right to obtain parental orders for surrogate children Yesterday, the House of Commons Library published a briefing paper titled 'Children: surrogacy,... [READ MORE](https://vardags.com/family-law/house-commons-briefing-paper-single-people-surrogacy "House of Commons briefing paper: single people have right to obtain parental orders for surrogate children") ### Marriage, divorce and millennials: parental influence Even if you ascribe more to nature than nurture, the impact that our parents have on us cannot be... [READ MORE](https://vardags.com/family-law/millennials-marriage "Marriage, divorce and millennials: parental influence") ### Parental order granted for same-sex couple despite surrogacy ban Mrs Justice Theis, sitting in the Royal Courts of Justice earlier this year, granted a parental... [READ MORE](https://vardags.com/family-law/parental-order-same-sex-surrogacy "Parental order granted for same-sex couple despite surrogacy ban") ### Parental Rights and Wrongs in Divorce Ayesha Vardag wrote for the Huffington Post in regard to the challenges of resolving issues... [READ MORE](https://vardags.com/posts/parental-rights-wrongs-divorce "Parental Rights and Wrongs in Divorce") The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you. What our clients say -------------------- Throughout my time using Vardags I felt that I have always been in the best possible hands. I enjoyed an excellent level of service and received accurate and precise legal advice. The lawyers are hugely talented, sensitive and... focused on getting the very best results. Their no-nonsense and direct approach is most valuable when time and costs are of the essence. I highly recommend them over and above any other law firm I have ever dealt with. Thank you Vardags. Valerie Knowledgeable, respectful and empathetic service and team. 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