Global Day of Parents 2026 – A guide to parenting rights under UK law

To coincide with Global Day of Parents, Olivia Moore in our family law team reflects on how child welfare remains paramount to decisions about family arrangements in England and Wales and offers some guidance for separated parents.

Global Day of Parents, marked by the United Nations on 1 June each year, is a timely reminder that parenting is about responsibility, stability and putting children first.

For separated parents, that can be easier said than done. Questions about where a child should live, how much time they should spend with each parent, schooling, medical decisions and holidays can quickly become emotional. The law in England and Wales provides a clear starting point: the child’s welfare comes first.

The golden rule – the child’s welfare is paramount

The Children Act 1989 remains the cornerstone of private children law in England and Wales. Its central principle is simple but powerful: when the court is asked to make decisions about a child’s upbringing, the child’s welfare is the court’s paramount consideration.

That means the court is not there to decide which parent has ‘won’. It is there to decide what arrangement best meets the child’s needs.

When making that assessment, the court considers factors including:

• The child’s wishes and feelings, depending on their age and understanding
• The child’s physical, emotional and educational needs
• The likely effect of any change in circumstances
• Any harm the child has suffered or may be at risk of suffering
• How capable each parent is of meeting the child’s needs

This is often called the “welfare checklist”. It is also a useful practical tool for parents trying to agree arrangements without going to court.

It is not ‘custody’ anymore

Many people still use the words ‘custody’ and ‘access’, but those terms no longer reflect the way the law approaches children cases. The modern language is about parental responsibility and child arrangements.

Parental responsibility means the legal rights, duties, powers and responsibilities a parent has for a child. It covers important decisions such as:

• Where the child lives
• Which school they attend
• Medical treatment
• Religion and cultural upbringing
• Important welfare decisions

A mother usually has parental responsibility automatically from birth. A father usually has it if he is married to the mother when the child is born or is named on the birth certificate. Others may acquire parental responsibility by agreement or court order.

Importantly, parental responsibility does not disappear because parents separate. In most cases, both parents are expected to remain involved in major decisions about their child, unless there is a welfare reason why that should not happen.

What recent cases tell us

Recent private children cases show that the court will look closely at what is actually best for the child, rather than simply accepting labels or assumptions.

In Re C (‘Parental Alienation’; Instruction of Expert) EWHC 345 (Fam), the court examined the approach to allegations of parental alienation and expert evidence. The case is a reminder that where one parent says a child is being turned against them, the court needs proper evidence and careful analysis. Allegations of alienation are serious, but they must be handled rigorously and in the context of the child’s welfare.

In Re T-D (Children: Specific Issue Order) EWCA Civ 793, the Court of Appeal considered an order giving one parent wide “overriding” decision-making power. The appeal highlighted that orders interfering with a parent’s exercise of parental responsibility must be clear, proportionate and properly focused on what the child needs. The court can restrict a parent’s decision-making role, but only where the welfare evidence justifies it.

Five practical points for separated parents

1. Start with the child, not the dispute. Ask how will this arrangement feel for the child?
2. Use modern language. Think in terms of ‘child arrangements’ and ‘parenting time’, not ‘custody battles’.
3. Consult on big decisions. Schooling, health, relocation and religion should not usually be decided unilaterally where both parents have parental responsibility.
4. Keep communication measured. Written messages should be calm, brief and focused on the child.
5. Take early advice. Understanding the legal framework at the outset can prevent avoidable conflict later.

How we can help

Disputes about children can feel deeply personal, but the legal test is child focused. A specialist family solicitor can help you understand your parental responsibility, explore practical arrangements and assess how the court is likely to approach matters if an application becomes necessary.

Our family team supports parents in resolving child arrangements constructively and, where court proceedings cannot be avoided, presenting the issues clearly and effectively. For further information, please contact our team on 01772 258321.

Disclaimer: This article reflects the law in England and Wales at the time of writing and is intended for general information only.