Getting parental responsibility by a court order

Note that a court orders concerning children are slightly different depending on which part of the U.K. they’re made in. In Scotland, parental responsibility is called parental responsibilities and parental rights and it’s also defined slightly differently.

Court orders which may give someone parental responsibility for a child are:

Parental Responsibility Orders
Residence Orders
Child Arrangements Orders (England & Wales only)
Emergency Protection Orders (England & Wales, Northern Ireland, Isle of Man, and Bailiwick of Jersey only)
Emergency Child Protection Orders (Bailiwick of Guernsey only)
Special Guardianship Orders (England & Wales and Isle of Man only)
orders appointing someone as the child’s guardian (if one or more of the child’s parents have died)

Court orders which do not (on their own) give someone parental responsibility are:

Contact Orders
Specific Issue Orders
Prohibited Steps Orders
injunctions
Child Protection Orders (Scotland only)
Child Assessment Orders
orders relating to the child’s property (e.g. to appoint a judicial factor to manage the property)

There are also a number of court orders which give parental responsibility to a local authority.

Parental Responsibility Orders

A Parental Responsibility Order gives someone parental responsibility for a child until the child comes of age.

In England & Wales and in Northern Ireland, only a parent of a child may apply for a Parental Responsibility Order, but in Scotland, anyone who claims an interest in the child can apply.

Residence Orders

A Residence Order will give someone parental responsibility for a child for the duration of the Residence Order. Once the order comes to an end, the person awarded the order won’t have parental responsibility any more (unless they’ve got parental responsibility through another court order, or in another way).

In England & Wales, Northern Ireland, the Isle of Man, and the Bailiwick of Jersey — though — if the Residence Order is awarded to a parent of the child, then the court will always make a Parental Responsibility Order at the same time — which will give the parent parental responsibility until the child comes of age (even if the Residence Order comes to an end before that).

In Scotland, the court may also make another order (at the same time as the Residence Order) about parental responsibilities and/or parental rights, but they don’t have to.

Child Arrangements Orders

A Child Arrangements Order (in England & Wales only) will give someone parental responsibility for a child for the duration of the Child Arrangements Order if (and only if) it includes arrangements relating to who the child is to live with, or when the child is to live with any person.

Once the order comes to an end, the person awarded the order won’t have parental responsibility any more (unless they’ve got parental responsibility through another court order, or in another way).

If the Child Arrangements Order is awarded to a parent of the child, then the court will always make a Parental Responsibility Order at the same time — which will give the parent parental responsibility until the child comes of age (even if the Child Arrangements Order comes to an end before that).

Emergency Protection Orders / Emergency Child Protection Orders

An Emergency Protection Order (in England & Wales, Northern Ireland, the Isle of Man, and the Bailiwick of Jersey) or an Emergency Child Protection Order (in the Bailiwick of Guernsey) will give someone parental responsibility for a child for the duration of the court order.

A Child Protection Order (in Scotland only) does not, on its own, give someone parental responsibilities and rights. However, the court may also make another order (at the same time as the Child Protection Order) about parental responsibilities and/or parental rights, if they choose to.

Special Guardianship Orders

A Special Guardianship Order (in England & Wales and the Isle of Man only) gives one or more special guardians parental responsibility for a child. However, there is a separate question in the form, which specifically deals with special guardians.

Orders appointing a guardian for a child

Anyone appointed the guardian of a child — as a result of the death of one of the child’s parents — may give the guardian parental responsibility for the child. However, there is a separate question in the form, which specifically deals with guardians.