A father’s rights to see his children in the UK

Within the UK, the amount of time a father should spend with his children will depend on practicalities but ultimately is based on the best interests of the child involved. This and various other factors are taken into consideration by the court and in most cases, what is in the best interests of the child will range from set arrangements for some week and/or weekend days or a more general sharing of care.

Either way, having contact with their father is the legal right of a child, with it being understood that ideally the child should be in contact with both parents. Due to the unique situations of each family unit however, there are no hard and fast rules on the contact a father is entitled to, indeed, strictly speaking, there is no entitlement.

It’s important to understand that if the father has parental responsibility for a child, he can be required to provide maintenance payments but is not automatically given rights to spend time with the child.

In the UK, the law focuses on the rights of the child to have a relationship with both parents.

A mother will have rights and parental responsibility for their child from the moment they are born. However, a father’s paternal rights and responsibilities are reliant on whether:

• They are married to the mother of the child OR
• They are named on the birth certificate OR
• There is a parental responsibility agreement in place (either a voluntary one agreed with the mother, or one obtained in court)

If a father has parental responsibility, this will ensure he is involved in decisions regarding the child such as:

• Where they will get an education
• Medical treatment
• What religion they will follow as a child
• Legal decisions
• Whether they can be taken out of the country
• Change of name

Furthermore, if a father has parental responsibility, the law will hold that they have the same rights to make decisions about their child as the mother. A father’s rights are just as important as a mothers in the eyes of the law, meaning both parents will have the right to spend time and have a relationship with their child.

Where a father does not have parental responsibility, their rights may be somewhat limited. However, there are ways of obtaining parental rights if it has not been automatically granted, which is something our team will be able to advise you on.

As every family and situation is completely unique, there isn’t strict legal guidance on what is reasonable access for fathers. The courts want parents to focus on shared parenting, which doesn’t necessarily mean equal amounts of time with each parent.  The courts will always focus on what is in the best interests of the child, and of course that should be the focus of both parents too. Whereas in some cases it may be appropriate to split childcare by alternating weeks, weekends, holidays, school club trips, etc. in other situations a parent might only see their child for short visits, less frequently or on an ad hoc basis.

No matter the situation, the decision regarding how much time a father has with their child should be dependent on the child’s needs. With older children, their own wishes and feelings will also be more important.

If a father has parental responsibility (explained above) he has the same rights to that of the mother, and has the right to know where their child is living.  This, however, may change if it conflicts with the child’s best interests. For instance, an abusive father may lose their right to know where the child is living.

The courts expect parents to behave reasonably and communicate openly with each other about things like this, although of course this may not always be possible.  If you are being denied information about where you child is living you can apply to the court for a specific issue order.

In the UK, the first priority will always be to ensure that a child’s welfare and best interests are upheld through a relationship with both parents. Both parents share certain rights and responsibilities towards their children, which means that a mother cannot prevent them from seeing their child, unless doing so would not be in the child’s best interests or would be detrimental to their welfare.

Unfortunately, the breakdown in the relationship between parents following a separation can sometimes result in a mother preventing a father seeing their child. Whilst they cannot legally do this, we know it can and does happen.

In these situations, there are steps a father can take to ensure a relationship with their child and maintain regular contact. For example, parents may agree to attend a mediation session to discuss each of their requirements and concerns, a solicitor may be able to help you negotiate the current or future arrangements, or a father can make an application for child arrangements order through the courts.

If not named on the child’s birth certificate, a father has no legal/parental rights regarding that child. However, a father can apply for a Parental Responsibility Order, or enter a Parental Responsibility Agreement with the child’s mother to gain parental rights to the child.

Yes, a father not listed on the birth certificate can still apply to the court for a child arrangements order, which determines who the child lives with and spends time with. The crucial distinction in English and Welsh law is that an unmarried father not on the birth certificate does not automatically have parental responsibility, which are the legal rights and duties to make decisions about a child’s upbringing. To get parental responsibility, he would need a parental responsibility agreement with the mother or a court order. However, the lack of parental responsibility doesn’t prevent him from seeking a court order to spend time with a child or have a child live with him, as the court’s primary concern is always the child’s welfare. It is usual to apply for a parental responsibility order at the same time.

In England and Wales, there are no specific legal rights that entitle a father to overnight stays with his child. The decision for overnight contact is determined by a child arrangements order, which is based on the child’s best interests. When considering overnight stays, the court will look at a range of factors, including the child’s age, their relationship with the father, the father’s ability to provide a safe and suitable environment, and the wishes and feelings of the child (depending on their age and maturity). The court’s primary concern is the child’s welfare, but overnight stays are typically considered to be in the child’s best interests in order to have regular, consistent contact with both parents, a key consideration in discussions of fathers’ rights to overnight stays.

The only reason why a father could take a child from a mother’s care within the UK is if the child’s welfare and overall safety is at risk.

To be able to legally remove the child from the mother, an emergency application to court must be made by the father to change the current child arrangement agreement. It is crucial that this is done before the child is removed from the mother’s care.

During a separation, a father and mother both have the right to access their child. In particular, a father who was married to the child’s mother, or is on the birth certificate, will continue to have parental responsibility for the child in the event of a separation.

Parental responsibility is a collection of all the rights responsibilities and duties that a parent has in connection with the child.  This includes the right to give consent to medical treatment, have a say in the child’s religious upbringing, attend parents evening, and so on.

An unmarried father may not immediately have parental rights.

However, there are other ways a father can claim parental responsibility for his child. For example, by having his name on the birth certificate, entering a parental responsibility agreement with the child’s mother, or applying for a parental responsibility order from a court.

A father’s parental rights, known as parental responsibility, are very rarely lost in England and Wales. They are not automatically lost due to absence or a lack of contact with the child, regardless of the duration. A biological mother’s parental responsibility can only be removed in very limited circumstances, such as through adoption. For fathers who have parental responsibility, it can only be removed by a court order, which is only granted in exceptional cases where the court deems it to be in the child’s best interests. Examples might include severe abuse or neglect, but the courts generally prefer to keep both parents involved in a child’s life unless there are significant welfare concerns.

No, you cannot take a father to court to force him to see his child in England and Wales. The courts cannot compel a parent to have a relationship with their child. While a court can issue a child arrangements order that specifies when and how a parent is to have contact with their child, it cannot be enforced if that parent simply refuses to engage. The welfare of the child is the paramount consideration, and forcing an unwilling parent to have contact is generally seen as detrimental to the child’s well-being. The legal system focuses on arrangements and orders, but it cannot create an emotional bond or desire for contact a situation that often arises in discussions of fathers’ rights in England and Wales.

Seeing your child without going to court is best achieved through cooperative and voluntary arrangements with the other parent. The most common approach is an informal agreement, where both parents decide on a flexible schedule for contact and residence. For a more formal, but still non-court, solution, you can create a Parenting Plan, which is a written document outlining the agreed-upon arrangements. If you are struggling to agree, mediation is a highly recommended and often mandatory step before a court application. A mediator, who is a neutral third party, helps facilitate a conversation to reach a resolution that is in the child’s best interest. This is a key alternative to court for fathers seeking to exercise their parental responsibilities.

A non-biological father does not automatically have parental responsibility in England and Wales. However, he can acquire it in certain circumstances. For example, if a child arrangements order is made in his favour, he will gain parental responsibility for the child. Parental responsibility can also be obtained through a parental responsibility agreement or by applying to the court for a parental responsibility order, depending on the situation. In cases involving surrogacy, a parental order may be granted to transfer parental responsibility. In all decisions, the court will prioritise the child’s welfare and best interests above everything else.

The terms “legal custody” and “physical custody” are not official legal terms in England and Wales. The modern terminology is parental responsibility and child arrangements orders. Parental responsibility refers to the right and duty to make key decisions about a child’s upbringing, such as their education, religion, and medical care – this is the UK equivalent of what is often called legal custody. A child arrangements order determines where a child lives and how much time they spend with each parent, which is broadly comparable to physical custody.

In England and Wales, the principle underpinning the law is that children have the right to a meaningful relationship with both parents, provided it is safe and in their best interests. The court will always prioritise the welfare of the child above all else when making decisions.

In England and Wales, what is often referred to as a ‘custody’ claim is an application for a child arrangements order. When making such an application, the court’s focus is always on the child’s welfare and best interests. A father can strengthen his case by gathering evidence that shows he is able to meet the child’s needs and provide a safe, supportive environment. This may include:

• Proof of a stable home environment and financial security
• Records of communication showing efforts to cooperate with the other parent
• Documentation of involvement in the child’s life, such as school reports, medical appointments, or extracurricular activities
• Evidence of any positive personal changes, for example addressing past issues like substance misuse

The key is to demonstrate commitment, consistency, and a child-focused approach, as the court will prioritise the child’s right to a safe and meaningful relationship with both parents wherever possible.