If a child's mother and father were married to each other at the time of the birth of the child, they each have parental responsibility for the child. More than one person may have parental responsibility for the same child at the same time.

Where a child's father and mother were not married to each other at the time of the child's birth, the mother has parental responsibility for the child but the father can acquire parental responsibility for the child in one of three ways:

a. By being registered as the father on the child's birth certificate, but this only applies to registrations or re-registrations since 1st December 2003
b. He can apply to the court for an order that he have parental responsibility for the child or,
c. The father and mother may agree that the father has parental responsibility for a child using a parental responsibility agreement.

Parental responsibility is defined by Section 3 of the Children Act 1989 as: "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 many cases where matters are agreed between all parties with parental responsibility, no order in respect of the child will be made. Even if an application is made to a court in respect of a child, the court will not make the order unless it considers that doing so will be better for the child than making no order at all.

If there is a dispute with regard to a child between parents or people with parental responsibility then in dealing with any matter involving the upbringing of a child or the administration of a child's property or the application of any income arising from it, the child's welfare should be the court's paramount consideration.

The courts can make orders dealing with where a child shall live, contact to the other party and other orders in respect of the children as follows:

a. "A Residence Order" settles the arrangements to be made as to the person with whom a child is to live.
b. "A Contact Order" is an order requiring the person with whom the child lives, or is to live, to allow the child to visit or stay with the person named in the order, or for that person and the child otherwise to have contact with each other.
c. "A Prohibited Steps Order" is an order that provides that no step which could be taken by a parent in meeting his parental responsibility for a child, in which is of a kind specified in the order, shall be taken by any person without the consent of the court. For example a prohibited steps order, in appropriate cases, can be made preventing a person parental responsibility taking the child out of England and Wales.
d. "A Specific Issue Order" is one giving directions for the purpose of determining a specific question which has arisen or which may arise in connection with any aspect of parental responsibility for a child. For example, if parents with parental responsibility cannot agree which school their child shall attend this is a matter which can be referred to the court under an application for a specific issue order.

In considering whether to make variable discharge in any of the above orders, a court has to have regard to:

a. The ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding).
b. His physical, emotional and educational needs.
c. The likely effect on him of any change in his circumstances.
d. His age, sex, background and any characteristics of his which the court considers relevant.
e. Any harm which he has suffered or is at risk of suffering.
f. How capable each of his parents, and any other person in relation to him the court considers the question to be relevant, is of meeting his needs.
g. The range of powers available to the court under the Children Act 1989 in the proceedings in question.

Applications for any order in respect of children under the Children Act are made on an application form, the form of which is set out in regulations. In most cases, there has to have been a Mediation Information and Assessment meeting before an application is made to Court. Applications are usually issued when there is an initial hearing at which time sometimes it is possible to reach agreement. If agreement cannot be reached, then the court gives directions for evidence to be filed in the form of statements and may make other directions such as ordering a welfare report or other experts to file reports before the matter comes listed for a hearing to determine the application.