International Women’s Day is about equality, empowerment, and challenging outdated assumptions. In family law, misconceptions – particularly around mothers, fathers, and “custody” can increase fear at an already emotional time. Understanding the law helps reduce that fear, and fear is often what leads to poor decisions.

This short guide highlights the key principles every parent should know.

Parental Responsibility

Parental responsibility means having the legal right to make important decisions about a child’s life, including education, medical care, and religion.

Mothers automatically have parental responsibility from birth. Fathers may have it through marriage, being named on the birth certificate, or by agreement or court order. Crucially, parental responsibility is not the same as time with a child. It relates to decision‑making, not where a child lives day to day.

Child Arrangements Orders

If parents cannot agree, the court can make a Child Arrangements Order, setting out who a child lives with and how they spend time with each parent.

The court’s focus is always the child’s welfare, not parental rights or gender. Judges do not favour mothers or fathers – each decision is based on what best supports the child’s stability, safety, and emotional wellbeing. Where possible, parents are encouraged to reach agreement without court proceedings.

Myth: “Mothers Automatically Get Custody”

This is one of the most common myths – and it is untrue. The law no longer uses the concept of “custody”. Instead, it focuses on practical arrangements for a child about whom they should live and spend time with and shared parental responsibility.

Children may live primarily with one parent, but this reflects circumstances, not legal preference. Courts consider care, consistency, and the child’s needs, not gender.

Relocation and Moving With a Child

Moving with a child, whether within the country or abroad, often requires the consent of everyone with parental responsibility or permission from the court. Decisions are based on how the move would affect the child’s relationships, education, and overall wellbeing.

Protecting Children From Conflict

Conflict between parents is one of the most damaging experiences for children. Resolution, the organisation for family justice professionals, promotes a constructive, non‑confrontational approach that prioritises children and encourages cooperation wherever possible. All our family solicitors are proud members of Resolution.

Empowerment Through Knowledge

Separation can feel overwhelming, particularly for those balancing emotional and practical pressures. Understanding the law does not remove the difficulty – but it reduces fear. And when fear is reduced, parents are better able to make calm, informed decisions that protect their children.

For more information contact a member of our Family Law Team today in confidence on:

01484 533076

Clare Wilson

Family Solicitor