In this article
In this blog, we’ll explore unmarried parents’ rights in England and Wales concerning their children. We’ll shed light on various family setups, parental responsibilities, and what happens if the relationship dissolves.
Looking to cut to the chase? If you need a solicitor to help you with a child arrangement dispute, just call us on 020 3007 5500, or submit a contact form.
Unmarried parents and the family set up
Families come in all shapes and sizes. Some examples of an unmarried family setup include:
- Unmarried parents living together with their child.
- Unmarried parents who have separated but still co-parent their child.
- A child living with their biological parent and their new partner.
- A child living with their biological parent/s and their relatives.
- Children from different relationships living together with their parent and their new partner.
- A single parent looking after the child without involvement from the other parent.
There is no ‘one size fits all’ approach in family law, but one common factor is always paramount when making decisions – the child’s welfare.
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Do unmarried parents’ rights differ from married parents’ rights?
There aren’t any differences in parental rights between married and unmarried couples.
When married couples choose to divorce, they may decide to include child arrangements during the separation proceedings.
Both married and unmarried couples can make informal child arrangements. If there are disagreements, then parents will need to apply to court to settle the dispute.
Whether you’re married or not, your legal rights will be dependent on your parental responsibility.
If you have already established parental responsibility and want to know more about your rights, you can skip down to ‘Unmarried parents’ rights over children after a breakup‘
What is parental responsibility?
The Children Act defines parental responsibility and sets out the legal authority a parent has over their child and the decisions made relating to the child.
These responsibilities include:
- Providing a home
- Keeping the child safe
- Deciding or guiding the child in their religion, education, etc
- The child’s name or change of name
- Healthcare
Regardless of your relationship status, each person with parental responsibility should make decisions together.
What if we disagree?
A Specific Issue Order (aka Section 8 Order) is used when people with parental responsibility disagree on decisions regarding the child. A specific issue order can resolve disputes for issues such as religion, name changes, education, holidays, and healthcare.
Who has parental responsibility in an unmarried couple?
The birth mother is automatically granted parental responsibility. If they’re married or in a civil partnership, their partner will be too.
If unmarried, the father or birth mother’s partner can be registered on the birth certificate, and this grants them parental responsibility.
How can unmarried parents gain parental responsibility?
There are a few ways to gain parental responsibility if you aren’t a married couple or biologically related to the child. These include:
- Registering as the parents on the child’s birth certificate
- Creating a parental responsibility agreement
- Applying to the court for a parental responsibility order
- Applying to the court for a ‘live with’ order
- Adoption
The best way for you to gain parental responsibility will differ depending on your circumstances. Speaking to a solicitor early can help make your options clearer.
How many people can have parental responsibility?
Only two people can be legally classed as parents, but more than two people can have parental responsibility over a child. So, if you’re a step-parent, a guardian or in a polyamorous relationship then there are options for you.
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Unmarried parents’ rights when it comes to children from other relationships
Many people involved with their partner’s children from a previous relationship assume a parental role. But when it comes to the law, you have no legal parental responsibility.
Although you may feel committed to your partner’s children and provide them with great care, you won’t legally have any responsibility for them or any rights to make decisions regarding the child.
Of course, these things tend to happen on a day-to-day basis as long as everyone involved is happy with that arrangement.
You’ll need to apply to the court if you want to gain legal parental responsibility over your partner’s child.
Parental responsibility and surrogacy
The surrogacy process already has a legal framework involving the transference of parental responsibility.
The birth mother is the legal parent when the child is born. The intended parents need to apply for a Parental Order to become the legal parents of the child and revoke all rights and responsibilities from the birth parents.
Unmarried parents’ rights over children after a breakup
Breaking up as a couple is a difficult time, and when you add children into it, things can become more complex – especially when it comes to the law.
You might be able to effectively organise your new living situation and your child’s arrangements if you end things amicably. In this case, you can try to minimise disruption to your child’s life.
However, if things don’t end on a good note and you can’t come to an agreement, you should think about seeking mediation. If necessary, you can hire a solicitor to help solve your dispute.
Unmarried parents’ rights and child custody
Before your dispute goes to court, you must attend a family mediation session to try and resolve your dispute.
If you absolutely can’t solve your dispute through mediation, or if your case is exempt, you need to apply for a child arrangement order through the courts.
Mediation exemption
Mediation isn’t necessary if you’re in an abusive relationship, going through bankruptcy or have other emergency orders in place.
Child arrangement orders and custody
You can apply for 4 types of child custody through the courts.
Physical custody
Physical custody refers to who the child lives with on a daily basis, and this can be joint or sole between parents.
Joint means the child will spend a lot of time at each parent’s house.
Sole means the child will live with one parent, with the non-custodial parents gaining visitation.
Regardless of physical custody, each person will still have equal parental responsibility.
Legal custody
Legal custody affects parental responsibility, depending on whether joint or full custody is granted.
Full custody
When one parent gains full custody, they will have sole parental responsibility. The other parent will have no rights over the decisions made about their child.
Full custody doesn’t mean that the other parent isn’t involved in the child’s life. They are often granted visitation rights.
Joint custody
Both parents will have parental responsibility and share custody of their child.
Who pays for the care of the child?
Parents who share equal care of the child won’t be eligible for child maintenance payments.
If one parent has full custody, they will be entitled to receive child maintenance payments from the other parent to cover costs of things like housing, food, clothing and education.
What happens if we disagree but don’t go down a legal path?
Parents don’t necessarily have to go down a legal path to achieve a fair outcome for their child.
It’s great if you can work things out between you outside of the courts, but, bear in mind that these agreements won’t be legally binding. This means that the other parent could go back on their word with no consequence.
We understand how stressful and emotional family matters can be. With the right guidance, it can feel much more manageable. No matter your situation, our family law experts will handle your case with knowledge and compassion.
How can Britton and Time Solicitors help?
We know how stressful and costly boundary disputes can be. That’s why our initial consultations with our boundary dispute solicitors offer you:
- Unlimited time to go through the details of your case and ask any questions you may have
- An overview of your legal standpoint and your available options
- A precise time and fee estimate for your case
To arrange your initial consultation with one of our solicitors, simply call us on 020 3007 5500.
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