Father’s rights – What are they in the Family Court?

Understanding Father’s Rights in Family Courts

It is essential for all parents to know that there are no unequal rights when it comes to mothers and fathers. There is commonly a perception that the mother may have more rights over a child, however this is not the case.

A father will have parental responsibility if he is named on the birth certificate, or has been granted a Parental Responsibility Order. In the family courts, understanding these rights can help fathers navigate the legal system more effectively and ensure that their relationship with their children is protected.

1. Equal Parental Responsibility

In the UK, both parents have equal parental responsibility, which means they have the right to make important decisions about their children’s lives. This includes decisions about education, health care, and religious upbringing. Fathers have the same rights as mothers to be involved in these decisions, regardless of whether they are married to the child’s mother or not. There are also a number of matters that require the consent of anyone with parental responsibility, such as taking a child abroad, or changing their school.

2. Right to Apply for Child Arrangements Orders

Fathers have the right to apply to the family court for a Child Arrangements Order or any other Orders they may require the Court to make. These orders determines where the child will live and how much time they will spend with each parent. The court’s primary concern is the child’s welfare, and it aims to ensure that the child maintains a meaningful relationship with both parents, provided it is in the child’s best interest.

There can be occasions where a biological father does not have Parental Responsibility as he is not named on the birth certificate, and the father would still be able to make an application but would have to seek the Court’s permission to do so. Usually a father would be asking the Court to make orders for them to spend time with the child and to have responsibility in these cases, so that the father can legally be involved in the important decisions being made about the child. We would suggest contacting us to make an appointment to discuss the appropriate options for your circumstances.

3. Right to Be Informed

Fathers have the right to be informed about significant events in their children’s lives. This includes being notified about changes in schooling, medical treatments, and other important matters. Fathers should be kept in the loop to ensure they can participate actively in their children’s lives, are aware of how the child is progressing at school or if there is a medical emergency. Equally, a father has a right to be informed about if a child is going on holiday with the other parent, where the child will be staying and all flight details for the holiday.

4. Right to Seek Parental Responsibility

If a father does not automatically have parental responsibility (for example, if he is not married to the mother and is not listed on the birth certificate), he can seek it through a formal agreement with the mother or by applying to the court. Parental responsibility grants the father legal rights and duties concerning the child. The father could also ask the Court to grant them a Declaration of Parentage to be named on the child’s birth certificate.

5. Right to Challenge Decisions

Fathers have the right to challenge decisions made by the mother or other authorities if they believe those decisions are not in the best interest of the child. This can include decisions about relocation, schooling, or medical care. It can also be in relation to a child being taken out of the country. Fathers can seek legal recourse to ensure their views are considered.

6. Right to Fair Treatment

Family courts are committed to treating both parents fairly, without bias towards one parent over the other. Fathers have the right to expect fairness in all proceedings, ensuring that their relationship with their children is given due consideration. The Court will make decisions that are right for the child as a upmost priority.

Understanding these rights can empower fathers to take an active role in their children’s lives and ensure that their parental responsibilities are recognised and respected. If you need further guidance on father’s rights or any family court matters, contact us today. Our team is here to provide expert advice tailored to your situation, helping you navigate the legal process with confidence.

Article dated: 07/04/2025