Family Law · Children · Parental Responsibility
Parental Responsibility Solicitors in Chester & Cheshire
Who Has Parental Responsibility? How to Obtain It. Disputes & Orders.
Sensitive, practical advice for parents across Chester, Cheshire, Ellesmere Port, Wrexham and North Wales.
Speak to Martin DiasParental responsibility is one of the most fundamental concepts in family law — yet it is widely misunderstood. Many parents are unaware of whether they have it, how to obtain it, or what it actually means in practice.
Our Chester family law solicitors advise parents, step-parents and grandparents across Chester, Cheshire and North Wales on all aspects of parental responsibility — from obtaining a parental responsibility order to resolving disputes between those who share it.
Who Has Parental Responsibility?
Frequently Asked Questions
What is parental responsibility?
Parental responsibility (PR) is the legal right and duty to make decisions about a child's upbringing. This includes decisions about education, medical treatment, religion, name changes, and where the child lives. Having parental responsibility does not automatically mean a child lives with you — it is about decision-making rights, not contact.
Who automatically has parental responsibility?
Mothers automatically have parental responsibility from birth. Fathers have automatic parental responsibility if they are married to the mother at the time of the child's birth, or if they are named on the birth certificate (for births registered after 1 December 2003 in England and Wales). Unmarried fathers not named on the birth certificate do not automatically have parental responsibility.
How can an unmarried father get parental responsibility?
An unmarried father who does not have parental responsibility can obtain it in three ways: (1) by re-registering the birth to include the father's name; (2) by entering into a parental responsibility agreement with the mother (both must sign and the agreement must be registered with the court); or (3) by applying to the court for a parental responsibility order.
Can parental responsibility be removed?
Parental responsibility can only be removed by a court order. Courts are very reluctant to remove parental responsibility — it is only done in exceptional circumstances where it is clearly in the child's best interests. The fact that a parent has behaved badly or has limited contact does not automatically justify removing parental responsibility.
What happens if parents with parental responsibility disagree?
Where parents with parental responsibility cannot agree on a significant decision — such as which school a child should attend, whether a child should have a medical procedure, or whether a child should change their name — either parent can apply to the court for a specific issue order or a prohibited steps order. We always encourage mediation as a first step.
Do step-parents have parental responsibility?
Step-parents do not automatically have parental responsibility. A step-parent can acquire parental responsibility by: (1) entering into a parental responsibility agreement with both parents who have PR; (2) applying to the court for a parental responsibility order; or (3) adopting the child. We advise step-parents on the most appropriate route for their circumstances.
Can grandparents have parental responsibility?
Grandparents do not automatically have parental responsibility. However, a grandparent can apply to the court for a child arrangements order (specifying that the child lives with them), which would give them parental responsibility for the duration of the order. We advise grandparents on their options.
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Funding Your Legal Fees
Own a property? You may not need savings to fund your case.
If you jointly own the matrimonial home, a Sears Tooth agreement allows us to secure our fees against your share of the property — meaning no upfront payment is required. Fees are deducted when the property is sold or transferred. This option is particularly suited to non-working spouses or those with limited income.
Explore all funding optionsWe do not accept legal aid cases. PDA Law is a private client practice. All family law matters are funded privately — through direct fees, payment plans, or a Sears Tooth agreement where applicable.
Your Family Law Specialist
Martin Dias
Family Law Executive
Martin brings almost 30 years of specialist family law experience to every case — divorce, separation, financial settlements and children matters. Clients value his straight-talking honesty, patience, and genuine emotional support throughout what is often a very difficult time.
Client Testimonials
What Our Clients Say
“Martin and the team at PDA Law made an incredibly difficult time much more manageable. Their advice was always clear, compassionate, and practical. I felt fully supported throughout.”
Rebecca H.
Family law client, Chester
* Names changed to protect client confidentiality. Testimonials reflect genuine client experiences.
Speak to a Family Law Solicitor
Chester & Cheshire. Sensitive, practical advice. Free initial consultation.