My partner doesn’t want to provide a home for our children. Do they have to?

Both parents always have financial responsibility towards their child. If your partner has parental responsibility for your child then they have to make sure that your child has a home. They also have to make sure that they are protected and maintained.

There are a number of different ways that people have or gain parental responsibility. The mother will always have parental responsibility. A father can have parental responsibility in a number of different situations. If the father was married to the child’s mother when the child was born or if he married the child’s mother after the child was born then the father will be deemed to have parental responsibility. As long as the child’s birth was registered on or later than 1 December 2003 and the father is named on the birth certificate then a father who never married the child’s mother can also be deemed to have parental responsibility.

Another way to gain parental responsibility is by obtaining agreement from the mother or, alternatively, a court can order that someone have parental responsibility.

It is worth noting that if you don’t live with your child and have parental responsibility for them then you don’t automatically have the right to have contact with them.

If you are in this situation is important to obtain independent legal advice.