What rights does an unmarried father have?

What rights does an unmarried father have?

The number of unmarried parents have increased significantly in recent years. In the UK, almost half of children are now born outside of wedlock.

We receive many enquiries asking about the rights of unmarried parents and in particular, whether unmarried fathers have parental rights.  

Andrew Stynes, Head of our Family Team, answers some of the most common questions about unmarried parents and rights to their children.

Does an unmarried father have rights?

In short, an unmarried Father can have the same parental responsibility as a father married to the child’s mother.  

Parental responsibility is defined in section 3 of the Children Act 1989 as being all the “rights, duties, powers, responsibilities and authority which by law, a parent of a child has in relation to the child and his property”.

Does an unmarried father have parental responsibility?

If a child’s parents are married when the child is born, both parents automatically have parental responsibility. 

If a child’s parents are not married when the child is born, the mother automatically has parental responsibility and the father acquires parental responsibility if:

  1. He obtains a parental responsibility order from a court.
  2. He enters into a formal written parental responsibility agreement with the mother, which is subsequently filed at court.
  3. The child is born after 1st December 2003 AND the father jointly registered the birth with the mother and is named on the birth certificate. 

The above applies to births registered in England and Wales only.

Does a father have rights if they are named on the birth certificate?

It follows that for children born from 1st December 2003, where the father is registered as such on the child’s birth certificate, he will have parental responsibility.

Does a parent have rights if not on the birth certificate?

If a father is not named on the birth certificate, they have no legal rights regarding their child.

However, the father can enter into a Parental Responsibility Agreement with the mother, which would give the father the same rights as the mother, or the father can apply to court for a Parental Responsibility Order.

How long does parental responsibility last?

Parental responsibility lasts until the child is 18 or if the child marries between 16 and 18, on the child’s marriage, or until an adoption order is made.

A mother and married father will always have parental responsibility until the child is 18 unless an adoption order is made.

However, an unmarried father’s parental responsibility may be ended by a court order or as a result of an adoption or placement order.  This also applies to any other person who acquires parental responsibility by a Parental Responsibility Agreement or order.  The child or any other person with parental responsibility may apply to terminate parental responsibility.

Does an unmarried father have custody rights?

The father can apply to the court for a Child Arrangements Order.  This will set out when the child is to spend time with/live with the father.

It is the courts view that it is in the child’s best interest to have contact with both parents (unless there are circumstances to the contrary). When a court determines any question with regard to a child, the child’s welfare shall be the court’s paramount consideration.

Although ‘custody’ is a commonly used term, the legal terms used by the courts are ‘live with and ‘time with’.

Can an unmarried father have their child live with them?

An unmarried father can apply to the court for a ‘live with’ order and ask that the child predominantly lives with him.

The child’s welfare shall be the court’s paramount consideration. If no agreement can be reached between the child’s parents, the court would make an order of one form or another so that everyone knows exactly where they stand and what the future arrangements should be. 

Please note that the court can also grant an Order, which has not been specifically applied for. 

Can an unmarried father have joint custody order? 

A father can apply to the court for a ‘joint live with’ order. If granted, this would set out that the child is to live with both parents.

How does an unmarried father get a custody order?

If a father wishes to be the main carer for the child and have the child live with him, he must make an application to the court.

Can an unmarried father take a child abroad?

If you wish to take your child abroad on holiday, you must obtain:

  • Permission from everyone with Parental Responsibility; or
  • A court order.

If you take the child abroad without permission, it is child abduction.

The above also applies to the child’s mother, if the child’s mother wishes to take the child abroad.

However, if you have a child arrangements order in place, which says that the child lives with you, you can take a child abroad for 28 days without getting permission, unless the court order prohibits you from doing this.

Can an unmarried father take a child from the mother if a court order is in place whereby the child lives with the mother and spends time with the father?

If there are genuine concerns about the child’s safety and/or wellbeing when the child is with the mother, the father can remove the child from the mother but the father must make an emergency application to the court to get the current arrangements changed prior to removing the child.

How can an unmarried father prove his paternity?

If a dispute about paternity occurs, the courts can order that DNA testing be carried out.

Are there any steps to take prior to making an application to the court?

Unless the application to the court is urgent, the party applying to the court must attempt mediation.

Solicitors for unmarried fathers in Bournemouth, Poole, Christchurch and Ringwood

Andrew Stynes is Head of Family Law at Frettens. In an area of law that can be very complicated, his approachable team offer sensible, well-rounded advice, in clear, jargon-free language.

Book a free appointment

Frettens are pleased to offer a free initial appointment for all new clients. We recognise the importance for clients of deciding whether they can work with a particular solicitor and to find out more about the process and likely outcome.

Our family lawyers offer positive, down to earth advice, and we hope that this initial meeting allows you the time to see this as well.

Contact us if you would like a free initial appointment with a member of our Family Team at our Christchurch or Ringwood offices, with no obligation or charge. Call on 01202 499255 or fill out the form on the right.