19 May 2026
Disputes between parents about how to raise a child can be stressful, emotionally charged, and legally complex. Understanding your rights under parental responsibility — and the options available to resolve disagreements — is the first step towards a child-focused resolution. This guide explains what parental responsibility means, how it is acquired, and the legal routes available when parents cannot agree.
What is Parental Responsibility (PR) and Who Has It?
Mothers automatically hold parental responsibility (PR), which gives them the legal rights, duties and obligations involved in caring for and making key decisions about their child. Fathers usually have PR if they are married to the mother at the time the child was born, or are named on the birth certificate for children registered in England and Wales after 1 December 2003.
Having PR means a parent can make important decisions such as where a child should go to school, what medical treatments they should receive, and many other significant aspects of their upbringing.
Parents with PR share these decisions about their child’s welfare. What happens, however, when two parents with PR cannot agree on how to exercise it? There are several routes available to help reach a resolution.
How Can Parents Resolve Disagreements About Child Arrangements?
Direct Discussion: The Fastest and Most Cost-Effective Option
If an agreement can be achieved through direct discussion with your co-parent, this is always recommended. Reaching an agreement together is the fastest and most cost-effective way to resolve a dispute. However, direct discussion may not always be suitable, especially where communication has broken down.
Family Mediation: A Child-Focused Alternative to Court
Mediation can be a useful tool. This involves an unbiased third party — the mediator — assisting in discussing the area of disagreement and helping you find a solution together.
Before making most applications, parties are usually expected to attend a Mediation Information and Assessment Meeting (MIAM) to explore whether mediation would be suitable.
If an agreement is reached in mediation, the parties can draw up a parenting plan — a document setting out how parents agree to approach the exercise of their PR, including living arrangements, education and travel. It is important to note that a parenting plan is not legally binding. If parents still cannot agree, they may apply to the Family Court for a legally binding order. However, it is always advisable to try to reach an agreement out of court through Non-Court Dispute Resolution (NCDR).
Negotiation Through Family Law Solicitors
In many cases, disputes regarding PR can also be resolved through solicitor negotiations. Each parent can seek independent legal advice, and solicitors can communicate on their behalf to help clarify concerns, explore possible solutions, and work towards an agreement without the need for court proceedings.
Solicitor-led negotiations can help reduce conflict, provide reassurance about legal rights and responsibilities, and ensure proposals remain child-focused. If an agreement is reached, solicitors can advise whether it should be recorded in a parenting plan or, more formally, in a legally binding consent order.
The Welfare Checklist: What the Court Considers in Child Arrangement Cases
Parties are encouraged to consider the “Welfare Checklist” when reviewing child arrangements through NCDR. If an application is made to court, the welfare of the child is the paramount consideration. The checklist includes:
- The ascertainable wishes and feelings of the child
- The child’s physical, emotional and educational needs
- The likely effect of any change in the child’s circumstances
- The child’s age, sex, background and relevant characteristics
- Any harm the child has suffered or is at risk of suffering
- The capability of each parent to meet the child’s needs
- The range of powers available to the court under the Children Act 1989
Section 8 Orders: When the Family Court Decides Child Arrangements
If an agreement cannot be reached, the Court may make orders under Section 8 of the Children Act 1989. These include Child Arrangements Orders, Specific Issue Orders and Prohibited Steps Orders.
Child Arrangements Orders
These are formal court orders setting out who the child will live with (through a ‘lives with’ order) and who the child will spend time with (through a ‘spend time with’ order).
Prohibited Steps Orders
Courts can prohibit someone — not necessarily a parent — from carrying out a certain action if it is not considered to be in the best interests of the child. This might include prohibiting the child from being removed from the UK, or having their name changed.
Specific Issue Orders
Courts can also order that a specific action be taken if it is in the best interests of the child’s welfare. This might include matters such as a name change or a decision about the child’s education.
Speak to an Experienced Family Law Solicitor Today
Every family situation is unique. Our experienced family law solicitors can provide tailored advice to help you resolve disputes concerning parental responsibility and child arrangements in a constructive and child-focused way.
If you need support, contact us today to speak with our friendly and experienced family law team.
