Know your rights as a father

Parental Responsibility (PR) is the legal term for the rights and duties a parent has towards their child. It covers decisions about education, healthcare, religion, and where the child lives.

• If you were married to the child's mother at the time of birth, you automatically have Parental Responsibility.
• If you were not married but are named on the birth certificate (registered after 1 December 2003 in England and Wales), you also have Parental Responsibility.
• If you are not on the birth certificate, you can acquire PR through a Parental Responsibility Agreement with the mother, or by applying to the court for a Parental Responsibility Order.
• Having PR does not mean you automatically get to see your child — but it does mean you have a legal right to be involved in major decisions about their life.

A Child Arrangements Order (CAO) is a court order that sets out who a child lives with and how much time they spend with each parent. It replaced the old 'residence' and 'contact' orders in 2014.

• You can apply for a CAO if contact has broken down and you cannot agree arrangements with the other parent.
• Before applying to court, you are usually required to attend a Mediation Information and Assessment Meeting (MIAM) — unless there are safety concerns.
• Courts make decisions based on the welfare of the child — not the preferences of either parent. The starting point is that children benefit from having both parents in their lives.
• A CAO can specify overnight stays, holiday arrangements, and how parents communicate about the child.

If the other parent is refusing to let you see your child without a good reason, this is a serious matter — and the courts treat it as such.

• Keep a detailed record of every missed contact — dates, times, what was said, and any messages or emails.
• Try to resolve the situation through mediation before going to court. This is usually required and can be quicker and less stressful than a court battle.
• If a Child Arrangements Order is already in place and is being breached, you can apply to the court to enforce it. The court can impose penalties on a parent who repeatedly ignores the order.
• In serious cases of parental alienation — where a parent deliberately turns a child against the other — the court can change who the child lives with.

Going to court is a last resort — but if you need to, here is what to expect.

• You apply using Form C100, available on the GOV.UK website. You can apply without a solicitor, but legal advice is strongly recommended.
• CAFCASS (Children and Family Court Advisory and Support Service) will usually be involved. They speak to both parents and sometimes the child, and report to the court on what is in the child's best interests.
• Most cases are resolved before a final hearing. The court will try to help both parents reach an agreement.
• Legal aid is available in limited circumstances — for example, if there is evidence of domestic abuse. Citizens Advice can help you understand whether you qualify.