10/06/2026
Parental responsibility is one of the most commonly misunderstood concepts in family law. Many people assume that having parental responsibility gives a parent an automatic right to see a child or to have contact with them, however, this is not correct.
Read our article below written by our Family Solicitor Tanya Norley... 👇
The Legal Definition
Under section 3(1) of the Children Act 1989, parental responsibility means:
"all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his/her property."
In practice, parental responsibility gives a person the legal authority to make, or participate in making, important decisions about a child's upbringing and welfare.
What Parental Responsibility Does Not Mean
Parental responsibility does not create an automatic right to spend time with a child.
The law distinguishes between parental responsibility and arrangements for a child to spend time with, communicate with, or live with a parent. A parent may have parental responsibility yet have limited contact, supervised contact, indirect contact, or in some circumstances no direct contact at all.
Responsibility Rather Than Entitlement
The language of "parental rights" can sometimes obscure the true purpose of parental responsibility. While parental responsibility includes legal powers and authority, those powers exist so that adults can fulfil their responsibilities towards a child.
The concept is therefore better understood as a framework of responsibility and decision-making rather than a guarantee of contact or involvement.
Having parental responsibility means being legally recognised as someone who can make important decisions for a child. It does not mean that a child must live with that person, spend time with that person, or have contact with that person.
Parental Responsibility is not an automatic right to see a child, nor does it guarantee contact. Decisions about where a child lives and who a child spends time with are separate matters that are determined according to the child's welfare and best interests.