Parental responsibility is a legal term that can be confusing—but it’s crucial for understanding the rights and duties a parent or guardian has in relation to a child. Whether you’re separating, seeking Residence or Contact, or just want clarity, knowing who holds parental responsibility and what it involves is essential.

What Is Parental Responsibility?

Parental responsibility refers to the legal rights, duties, powers, responsibilities, and authority a person has for a child and their property. It includes making important decisions about the child’s education, medical treatment, religion, name, and travel abroad.

It’s not just about day-to-day care—it’s about having the legal authority to make major decisions in a child’s life.

Who Automatically Has Parental Responsibility?

On the Isle of Man, a mother automatically has parental responsibility from birth. A father has it only if he was married to the mother at the time of the child’s birth or if he’s named on the birth certificate (from 1/12013 onwards).

Unmarried fathers who are not listed on the birth certificate do not automatically have parental responsibility, but they can acquire it through:

• Re-registering the birth with both parents present
• Entering into a parental responsibility agreement with the mother
• Applying to the Family Division of the High or Summary Court for a Parental Responsibility Order

Other individuals, such as step-parents or guardians, can also apply for parental responsibility through the court in certain circumstances.

What Does It Entitle You To?

Having parental responsibility means you have a say in decisions affecting the child’s upbringing. For example, you may be required to consent to:

• Medical treatment or operations
• Obtaining a passport or approving international travel
• Decisions on schooling or education
• Religious upbringing or change of name

It also comes with responsibilities, such as ensuring the child is properly cared for and receives appropriate medical attention and education.

What if there is a Dispute?

Disagreements over parental responsibility are not uncommon, especially in separated families. If parents can’t agree on major decisions, the court may be asked to intervene. It can issue orders such as:

• Parental Responsibility Orders
  Granting responsibility to someone who doesn’t have it.
• Specific Issue Orders
  Resolving particular disputes (e.g. which school the child should attend).
• Prohibited Steps Orders
  Preventing a parent from taking a certain action without the other’s consent.

In all cases, the court’s priority is the welfare and best interests of the child.

Why Legal Advice Matters

Parental responsibility can affect everything from where your child lives to whether they can travel abroad. At MannBenham, we understand the emotional and legal complexities surrounding family matters. Our experienced Family Law team can help you:

• Understand your legal position
• Apply for parental responsibility
• Navigate disputes effectively
• Ensure your child’s best interests are protected

Need advice on parental responsibility? Don’t leave important decisions to chance.

Contact MannBenham Advocates today to speak to our Family Law team—here to support you every step of the way. Please contact us on 01624 639350 or email us at [email protected] to book a free initial consultation.

Article “Private Agreements vs Court-Ordered Child Maintenance – What is best?” posted on 01 May 2025. Written by EmmaRatcliffe and Jade Bradley