Who has parental rights?

All mothers and most fathers have legal rights and responsibilities as parents – referred to as parental responsibility. By having parental responsibility, it means that you are responsible for and have the legal right to be consulted about important issues concerning your child, e.g. health, education, religion, and welfare. Mothers automatically have parental responsibility. However, for fathers, parental responsibility is only granted if: He is married to the child’s mother when the child is born He subsequently marries the child’s mother He is named on the birth certificate when the child’s birth is registered He has entered into a parental responsibility agreement with the mother There is a parental responsibility order made by the Court

Who has parental responsibility in adoption?

Under UK law, parents named on a child’s adoption certificate have parental responsibility regardless of their marital status. Those who had parental responsibility prior to the child being adopted would lose this once the child is formally adopted unless it is a step parent adoption in which case the mother will retain parental responsibility and the adoptive father will acquire it under the order.

Does a foster carer have parental responsibility?

Although a foster carer does not have parental responsibility he or she will act as the de-facto parent looking after the child on behalf of the local authority who are the corporate parent.

How to resolve child contact disputes following separation?

In an ideal world, following a separation, parents will be able to come to an amicable agreement concerning the arrangements for their children (e.g., who the child lives with – the resident parent – and when they can see the non-resident parent). This is beneficial to not only you but also your children. However, in many instances, this isn’t the case and there are often bad feelings between parents and their families, which can lead to disagreements regarding living or contact arrangements. Understandably, this often has a negative impact on the children and can lead to distressing, costly, and lengthy Court proceedings. If you and your partner cannot come to an agreement concerning child arrangements, then the next step is family mediation. The Government is looking to fund mandatory mediation for separating couples which will mean that couples have to attempt to agree on their child custody and financial arrangements through a qualified mediator with Court action being a final resort. Mediation should always be explored as a way of resolving disputes unless there is abuse in a relationship. Mediation can be a cost-effective way of resolving your matters amicably and not having to go through a long Court battle. However, if you still cannot agree then it will be necessary to apply to the Court for orders regarding the care of your children.

What is a Parenting Plan?

A parenting plan is a written agreement between two parents. It outlines how they will share the responsibilities and decision-making regarding their children after separation or divorce. A parenting plan generally covers issues, such as: Custody and visitation schedules – where will the children live and how much time will they spend with the other parent; Communication methods; How major decisions regarding the children will be made; and How the parents will handle any disputes that may arise. The principal aim of a parenting plan is to provide structure and consistency for the children, while also respecting the rights and needs of both parents. A parenting plan can help limit conflict and provide a framework for co-parenting that supports the best interests of the children.

How does child maintenance work?

Child maintenance is money that the non-resident parent pays to the other parent so that they can help provide for the child. In most cases, this is usually the father, and payments are arranged by separated parents independently of the Child Maintenance Service (CMS). This is known as a family-based arrangement and is the most cost-effective way for parents to agree upon child maintenance payments. If parents use the CMS, it will work out how much the non-resident parent is required to pay. These payments will be based on the parent’s circumstances. Payment arrangements can then be made between the two parents. If arrangements cannot be agreed upon, parents can use the CMS Collect and Pay scheme. This system calculates the maintenance which is due from the non-resident parent and then takes in the funds. The CMS takes the payment directly from the paying parents: Wages; Bank account; and/or Benefits or pension. No contact needs to take place between the two parents. The Collect and Pay scheme is said to often be used by low-income parents who struggle to make payments. It’s important to note that parents who live overseas are not required to pay child maintenance through the CMS (except if they were employed by the UK Government or by a UK-registered company). This means if an agreement cannot be reached then an application will go through for the Court to decide.

Children Law Solicitors | Nelsons | Derby, Leicester & Nottingham

Child arrangements and adoption

Legal issues involving a child can be upsetting and it is natural to want any issues resolved in the best interests of the child as quickly as possible. This is why it is important to get specialist guidance and support from an experienced team of family and children law solicitors.

Need advice? Contact us to find out how we can help

What our clients say about us…

How our team of family and children law solicitors can help

At Nelsons, we have one of the largest teams of children law solicitors in Derby, Leicester and Nottingham, with a reputation as leaders in our field. Our experience ensures that we will give you expert advice about your circumstances.

Our solicitors can provide sensitive but professional support with a variety of children law matters, including:

Our team can provide support and representation to all members of the family regarding children law issues, whether you’re a parent, grandparent, guardian or another family member or friend, we can help. We understand the importance of a child’s well-being and safety and will fight to ensure the best outcome for you and your child.

Our expertise

Our team includes:

Resolution Accredited Specialists
Law Society Family Panel & Advanced Family Panel members
Law Society Children Panel Members

Our expertise in family and children law is also recognised by the independently researched publications, The Legal 500 and Chambers and Partners.

To discuss how our expert team of solicitors in Derby, Leicester and Nottingham can help you, please contact us via our online form or call 0800 024 1976 for a guaranteed response.

“Accomplished practice noted for both matrimonial and childcare matters. Appropriately equipped to assist with public and private children law, including adoptions, child abductions and non-accidental injury cases. Active in high-value financial remedy matters, including those involving trusts, commercial assets and cross-border aspects.”
Chambers and Partners
"Nelsons Solicitors Limited has an experienced family and children law practice, and is noted for its strength in cases with an international element. The family team...regularly advises high-net-worth individuals on financial relief cases. Melanie Bridgen, who heads up the children team, is experienced in complex children proceedings; this includes matters concerning international relocation, parental alienation and non-accidental injuries."
The Legal 500
"Nelsons...is a leading firm in family law. They represent people from all walks of life and always give 110% to all of their cases. Their diversity is exceptional. Unlike other solicitors they are always on hand to speak by phone or email, night or day or weekend. They will take the most challenging pro bono cases to ensure that clients have the best representation and advocacy."
The Legal 500 2023
"Midlands powerhouse Nelsons Solicitors Limited houses family law specialists in each of its three offices, led by Emma Davies (in Nottingham); Melanie Bridgen (Derby)...The firm is particularly recommended for its capabilities in dealing with international children law cases, a specialism of Bridgen, as well as, surrogacy, unravelling trusts, complex business arrangements and divorce. ‘Outstanding’ director Gayle Rowley has built up a specialisation in financial remedies and private children law."
The Legal 500 2023
"Superb family law team, class A and the absolute go to in children law and financial relief on divorce. They far outweigh their competitors in every aspect. The people provide hands on support and client care from the outset concentrating on strategy and approach. Given their wealth of experience, they are financially competitive."
Referee feedback provided to The Legal 500 2024
"Nelsons are an well-established and highly respected firm, deservedly so. They cover a number of disciplines with the utmost professionalism. They are a pleasure to deal with and prominent in the local legal community."
Referee feedback provided to The Legal 500 2024

Children Law FAQs

Below, we have answered some regularly asked questions we receive regarding children law.

Who has parental rights?
All mothers and most fathers have legal rights and responsibilities as parents – referred to as parental responsibility. By having parental responsibility, it means that you are responsible for and have the legal right to be consulted about important issues concerning your child, e.g. health, education, religion, and welfare.

Mothers automatically have parental responsibility. However, for fathers, parental responsibility is only granted if:
- He is married to the child’s mother when the child is born
- He subsequently marries the child’s mother
- He is named on the birth certificate when the child’s birth is registered
- He has entered into a parental responsibility agreement with the mother
- There is a parental responsibility order made by the Court
Who has parental responsibility in adoption?

Under UK law, parents named on a child’s adoption certificate have parental responsibility regardless of their marital status. Those who had parental responsibility prior to the child being adopted would lose this once the child is formally adopted unless it is a step parent adoption in which case the mother will retain parental responsibility and the adoptive father will acquire it under the order.
Does a foster carer have parental responsibility?

Although a foster carer does not have parental responsibility he or she will act as the de-facto parent looking after the child on behalf of the local authority who are the corporate parent.
How to resolve child contact disputes following separation?

In an ideal world, following a separation, parents will be able to come to an amicable agreement concerning the arrangements for their children (e.g., who the child lives with – the resident parent – and when they can see the non-resident parent). This is beneficial to not only you but also your children.

However, in many instances, this isn’t the case and there are often bad feelings between parents and their families, which can lead to disagreements regarding living or contact arrangements. Understandably, this often has a negative impact on the children and can lead to distressing, costly, and lengthy Court proceedings.

If you and your partner cannot come to an agreement concerning child arrangements, then the next step is family mediation. The Government is looking to fund mandatory mediation for separating couples which will mean that couples have to attempt to agree on their child custody and financial arrangements through a qualified mediator with Court action being a final resort. Mediation should always be explored as a way of resolving disputes unless there is abuse in a relationship.

Mediation can be a cost-effective way of resolving your matters amicably and not having to go through a long Court battle. However, if you still cannot agree then it will be necessary to apply to the Court for orders regarding the care of your children.
What is a Parenting Plan?
A parenting plan is a written agreement between two parents. It outlines how they will share the responsibilities and decision-making regarding their children after separation or divorce.

A parenting plan generally covers issues, such as:
- Custody and visitation schedules – where will the children live and how much time will they spend with the other parent;
- Communication methods;
- How major decisions regarding the children will be made; and
- How the parents will handle any disputes that may arise.
The principal aim of a parenting plan is to provide structure and consistency for the children, while also respecting the rights and needs of both parents.

A parenting plan can help limit conflict and provide a framework for co-parenting that supports the best interests of the children.
How does child maintenance work?
Child maintenance is money that the non-resident parent pays to the other parent so that they can help provide for the child. In most cases, this is usually the father, and payments are arranged by separated parents independently of the Child Maintenance Service (CMS). This is known as a family-based arrangement and is the most cost-effective way for parents to agree upon child maintenance payments.

If parents use the CMS, it will work out how much the non-resident parent is required to pay. These payments will be based on the parent’s circumstances. Payment arrangements can then be made between the two parents.

If arrangements cannot be agreed upon, parents can use the CMS Collect and Pay scheme. This system calculates the maintenance which is due from the non-resident parent and then takes in the funds. The CMS takes the payment directly from the paying parents:
- Wages;
- Bank account; and/or
- Benefits or pension.
No contact needs to take place between the two parents. The Collect and Pay scheme is said to often be used by low-income parents who struggle to make payments.

It’s important to note that parents who live overseas are not required to pay child maintenance through the CMS (except if they were employed by the UK Government or by a UK-registered company). This means if an agreement cannot be reached then an application will go through for the Court to decide.