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Education & Family

Your Family Rights: Parents, Partners and Protection

Family law in England and Wales sets out who has legal responsibility for children, how disputes about them are resolved, and the protections available against domestic abuse. It also draws a sharp line between marriage or civil partnership and simply living together — a line many couples only discover when things go wrong.

Last updated: 2026-07-30

Your Rights

Parental Responsibility: What It Means

Parental responsibility is 'all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property'. In practice it covers providing a home, protecting and maintaining the child, education choices, agreeing to medical treatment, naming the child and looking after the child's property.

Children Act 1989 s.3(1)

Who Has Parental Responsibility

The birth mother has it automatically. Parents married to or in a civil partnership with each other at the birth both have it. An unmarried father acquires it by being registered on the birth certificate, by a formal parental responsibility agreement with the mother, or by court order. Step-parents do not get it automatically, even if married to a parent — they can apply.

Children Act 1989 ss.2 and 4; Human Fertilisation and Embryology Act 2008 ss.42–43 (same-sex parents)

The Child's Welfare Comes First

In any court decision about a child's upbringing, 'the child's welfare shall be the court's paramount consideration'. Courts must presume, unless the contrary is shown, that involvement of each parent will further the child's welfare, and must have regard to the child's own wishes and feelings in the light of their age and understanding.

Children Act 1989 s.1(1), s.1(2A) and s.1(3)

Right to Apply for Child Arrangements Orders

A child arrangements order regulates 'with whom a child is to live, spend time or otherwise have contact'. Courts can also make prohibited steps orders and specific issue orders. Cafcass advises the court, and a welfare report should include the child's wishes and feelings when they are old enough to express them.

Children Act 1989 s.8; Children Act 1989 s.7 (welfare reports)

Protection from Domestic Abuse — Widely Defined

Domestic abuse between people aged 16 or over who are personally connected includes physical or sexual abuse, violent or threatening behaviour, controlling or coercive behaviour, economic abuse, and psychological or emotional abuse — and 'it does not matter whether the behaviour consists of a single incident or a course of conduct'.

Domestic Abuse Act 2021 s.1

Court Protection: Non-Molestation and Occupation Orders

A non-molestation order prohibits an abuser from molesting you or a relevant child; an occupation order decides who can live in the family home or enter the surrounding area. There is no court fee to apply. Breaching a non-molestation order without reasonable excuse is a criminal offence carrying up to five years' imprisonment.

Family Law Act 1996 ss.33, 42 and 42A

Marriage, Civil Partnership and Cohabitation Are Not Equal

Married partners owe each other a legal duty of financial support and inherit under intestacy rules; cohabiting partners do not. 'Common-law partner' is just a description of living together — it confers no legal status. If a cohabiting partner dies without a will, the survivor does not automatically inherit anything unless property was owned jointly, and inheritance-tax exemptions for spouses do not apply.

Family Law Act 1996 Part IV (limited rights); Administration of Estates Act 1925 s.46 (intestacy excludes cohabitants); Citizens Advice, Living together and marriage: legal differences

Common Myths

Myth

After a few years together you become 'common-law' married with the same rights.

Reality

There is no such status. Citizens Advice puts it plainly: calling couples common-law partners 'is just another way of saying a couple are living together' — it creates no duty of support and no automatic inheritance.

Myth

Unmarried fathers have no rights over their children.

Reality

An unmarried father gets parental responsibility by jointly registering the birth, by agreement with the mother, or by court order — and courts must presume each parent's involvement furthers the child's welfare unless the contrary is shown (Children Act 1989 ss.1(2A) and 4).

Myth

It only counts as domestic abuse if someone is physically violent.

Reality

The statutory definition expressly includes controlling or coercive behaviour, economic abuse and psychological or emotional abuse — and a single incident is enough (Domestic Abuse Act 2021 s.1).

Myth

You cannot be protected unless the abuser is prosecuted and convicted.

Reality

Non-molestation and occupation orders are civil orders from the family court, free to apply for, and available without any criminal case. Once made, breach is itself an arrestable criminal offence (Family Law Act 1996 ss.42–42A).

Myth

A parent with parental responsibility must agree to every decision the other makes.

Reality

GOV.UK confirms 'you do not always need to get the consent of the other parent for routine decisions' — but for major steps such as moving the child abroad, everyone with parental responsibility must agree in writing.

What To Do

In Immediate Danger, Call 999

If you or a child are at risk now, call 999 and ask for the police.

Use the Helplines

Refuge's National Domestic Abuse Helpline (0808 2000 247) is free and confidential; the Men's Advice Line (0808 801 0327) supports male victims.

Apply for a Protective Injunction

Apply to the family court for a non-molestation or occupation order — there is no application fee, and you may qualify for legal aid.

Sort Out Parental Responsibility

Unmarried fathers: jointly register or re-register the birth, make a parental responsibility agreement, or apply to court. Step-parents can also apply.

Try Mediation Before Court

For disputes about where children live or contact, you will usually need to show you have tried mediation before applying for a court order — a voucher worth up to £500 towards family mediation is available regardless of income.