How do I obtain parental responsibility for the child I am caring for?

What is parental responsibility?

Parental responsibility is the rights, duties, powers, responsibilities and authority which a parent has in relation to a child and his or her property.

Any person with parental responsibility has a duty to the child, or children, in their care to:

• provide a home for them
• protect them
• ensure their wellbeing
• ensure their welfare
• discipline them
• choose and provide for their education
• agree to their medical treatment
• look after their property

You might see parental responsibility referred to as PR.

Who has parental responsibility?

A mother has parental responsibility for their child from birth. A father has parental responsibility if:

• they are married to the child’s mother
• they are listed on the child’s birth certificate (after certain dates, depending on where you live)

If you don’t automatically have parental responsibility, you can apply to the court to get it.

Why having parental responsibility is important

If you don’t have parental responsibility, it can make everyday decisions for the child difficult – depending on your relationship with the parents. You may struggle to come to agreements with the parents, or need regular contact to get their consent, such as for school trips or medical treatment.

When you have a special guardianship order or child arrangements order in place, it means that you share parental responsibility with the parents and possibly the local authority.

Can I apply for parental responsibility as a child’s carer?

If you are a grandparent, close relative or friend who has stepped up to raise a child who is not your own, there are two types of legal order that you can apply for that will give you parental responsibility – special guardianship order and child arrangements order.

You will need make an application to the court. You can apply for a legal order to the family court if you meet the following eligibility criteria:

• you are the child’s grandparents, aunt or uncle, brother or sister, stepparent, stepbrother or stepsister, and the child has lived with you for at least a year
• you are a guardian of the child who was appointed by the parent or special guardian to look after the child after they died
• you are a local authority foster carer, who has had the child placed with you for at least a year, or
• you are not related, and the child has lived with you for at least three years out of the last five

You can also apply for parental responsibility if you have the consent of:

• anyone who already holds a residence order or child arrangements order for the child
• the local authority, if the child is in their care, or
• everyone else who holds parental responsibility

If you don’t meet the eligibility criteria above, you can still make an application to the court. We’d recommend getting legal advice in this case.

What applying for a legal order means for the parents

Special guardianship orders and child arrangement orders leave existing family relationships intact. The birth mother and father are still legally the parents.

Special guardians

Special guardians can make all day-to-day decisions concerning the child without having to discuss these decisions with the birth parents.

Although a special guardian has enhanced parental responsibility, they will still need the consent of other people with parental responsibility (such as the child’s mother or father) in some situations. For example, if they wish to remove the child from the country for more than three months or to change the child’s surname.

Child arrangements order

Under a child arrangements order, you share parental responsibility with the child’s parents until the child is 18 years old (unless the family court states otherwise). You will make most day-to-day decisions for the child, such as going on school trips, but you will need to get consent from the child’s parents to make major decisions about their care.

Support from Kinship

Here at Kinship, we offer a range of free support for all kinship carers, including  workshops, online advice and information, and support groups.

To find services, information and support in your local area, including information about your local children’s services, use our Kinship Compass tool.

You can also contact the Kinship advice team for free, non-judgmental advice and information if you live in England or Wales.