Campaign · Children Act 1989 · Family Courts White Paper
Recognised
Both parents, recognised. Children, protected. Too many children are kept waiting for their father to be recognised in law. Most never had a reason to wait at all.
The problem
A parent in law only after a fight
Under the Children Act 1989 a mother automatically has parental responsibility for her child. A father has it automatically only if he is married to the mother, or is named on a birth certificate registered after 1 December 2003. Every other father has to apply to a court, and then wait.
“Any delay in determining the question is likely to prejudice the welfare of the child.”
Children Act 1989, section 1(2)
new private family law cases about children started in just three months, April to June 2026.
the average time for one of those cases to finish.
of finished cases where neither parent had a lawyer.
Source: Ministry of Justice, Family Court Statistics Quarterly, April to June 2026.
What parental responsibility is
The most basic right a parent can have
Parental responsibility (PR) sounds powerful. In reality it is the most basic legal status a parent can hold. It lets a father take part in decisions about his child’s life: seeing medical records, consenting to treatment, and having a say in schooling, a change of name, religion or a move abroad.
It does not give him any right to see his child. Time with a child is decided separately, by a child arrangements order.
“It should be rare for a father not to be afforded this status.”
Court of Appeal, Re M (A Child) [2013] EWCA Civ 969
“Children have a right to that benefit.”
Ryder LJ, Re D (A Child) [2014] EWCA Civ 315, para 33
The solution
Recognised: six changes
New sections 4B and 4C of the Children Act 1989 would turn what the courts already say into what the courts must do.
Parentage settled within days
By admission, an existing declaration, or a DNA test ordered within 7 days.
PR at the first hearing
Once parentage is established, the court must grant PR without delay, or defer only where evidence requires a full finding of facts.
A short, closed list of grounds
Deferral only for serious, defined reasons such as relevant convictions, orders protecting a child, or significant harm to a child.
Facts, not predictions
An objection must point to specific things the father is alleged to have done.
A fast, focused hearing
Any dispute goes to a hearing on the PR issues alone, within six weeks.
Fairness built in
Written reasons for every deferral and refusal, and costs where paternity was disputed without good reason.
Our position
Parental responsibility exists for the child, not the parent. Every child deserves the protection of both parents, recognised from the first hearing.
The full draft text of new sections 4B and 4C is in the Recognised pamphlet (PDF).
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If you are struggling
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