What do parental rights and responsibilities entail? (PRRs)

Parents have a variety of obligations and rights regarding their children, including the duty and the right to protect and advance the health, welfare, and development of the child, have a say in where the child lives, participate in their upbringing, serve as the child’s legal guardian, and always act in the best interests of the child.

If the father is not shown on the birth certificate, what rights do they have?

Unless he is awarded them by the court or unless he and the child’s mother have signed a written agreement, a father who is unmarried to the child’s mother and not included on the birth certificate will not have parental obligations and parental rights for the child. When the birth was registered on or after May 4, 2006, fathers listed on the birth certificate are fully entitled to parental duties and rights. If you need more information on this, you can contact a family law solicitor.

Does family law allow the mother to keep the child away from the dad?

The law mandates that the court always take the child’s best interests as its top priority when making any judgement involving them. The well-being of the child should come first when parents make choices regarding the child. What is best for the child is not what is best for mom or dad.

Numerous studies have shown that it is better for a child if both the mother and father of a child are actively involved in their life. Indeed, in some nations, shared parental responsibility and civil partnership are the default after a parent’s separation, but traditionally, in Scotland, there may be a “resident” parent (who the child spends the majority of their time with) and a “contact” parent (with whom the child may exercise residential, non-residential and holiday contact) who will be in contact with the child. In Scotland, shared care—where parents share responsibility for parenting and actively participate in making decisions in all facets of their children’s lives, albeit they may not always spend an equal amount of time with them—is growing in popularity.

The bond between a father and kid should be encouraged with paramount consideration and contact should occur if a father possesses PRRs and there are no compelling reasons to stop contact (such as domestic violence, alcohol, or drug abuse). In fact, even if a parent (whether the mother or the father) experiences these challenges, if contact can be made safely, it may still be better for the child to keep a relationship with that parent than to have no relationship at all.

Can the mother relocate with the child away even if the father has parental responsibility?

If you want to move overseas with your child, you must get the other parent’s permission to take the child out of the UK (provided the other parent has PRRs). In the event that they decline and there is a dispute, a court application must be made to obtain authorization to migrate with the child outside of the UK.

The decision to move a child entails a careful balancing act in which, as mentioned above, the child’s welfare comes first. The court will conduct a welfare evaluation when reviewing requests for relocation and determine whether or not the move will be in the child’s best interests.


In one view, if a parent plans a move within the United Kingdom this is a decision that can be made without the consent of the other parent. That would, however, fly in the face of the duty to consult the other parent in relation to important welfare decisions. Recently, courts have been treating relocation within the United Kingdom similarly to international relocations. The parent planning such a move may be expected to make an application to the court if the other parent objects. It is worthwhile noting that the ‘remaining parent’ can apply to the court for an order preventing the move.

As with any situation involving children, it is usually preferable if parents can speak freely about the future move and settle things without the help of the court, or at least try to do so through mediation.

What parental responsibilities and rights / contact access can a father have?

This question does not have a “one size fits all” solution. Each instance turns on its own facts, taking into account elements like geography, job schedules, family routines, and individual circumstances. The welfare of the child is once again the most important factor. While some families would benefit more from a “shared care” or “week about” pattern, “little and often” interaction works well for some children, especially newborns and very young children.

Whatever schedule is established, it should be routinely checked by parents to make sure the child is happy and comfortable with it. It’s important to pay attention to what kids think. If feasible, parents should carefully consider explaining their separation to their children in a way that is child-friendly. Reassuring the youngster of their parents’ ongoing love is more important than the specifics, which may even be upsetting for them to hear. Children need to be informed clearly and practically about everyone’s living arrangements as well as what will happen to their schooling, extracurricular activities, and friendships. Even very young children have a legal right to be heard, according to the law.