Parental responsibility gives a parent legal rights and duties relating to their child. This includes decisions about education, healthcare, religion and day-to-day care. While most parents exercise these rights responsibly, there are situations where continuing parental responsibility may put a child at risk or be harmful to their welfare.
Removing parental responsibility is extremely rare in the UK and only happens in exceptional circumstances. Courts are reluctant to sever this legal link unless there is very strong justification. Understanding when and how parental responsibility can be removed is therefore important for anyone considering this step.
When can parental responsibility be removed?
The rules around removing parental responsibility depend on how it was acquired. A mother automatically receives parental responsibility when a child is born and this can only be terminated if the child is adopted or if a parental order is made following surrogacy.
For fathers, the position is more complex. A married father automatically has parental responsibility, and this cannot usually be removed by the court. Unmarried fathers who obtained responsibility through a parental responsibility agreement or court order may, however, have that responsibility terminated in rare cases.
The court will only consider removing parental responsibility if continuing it poses a serious risk to the child’s welfare. This might include cases of severe abuse, neglect or where the parent poses a danger due to criminal behaviour.
New legislation, known as Jade’s Law, has also introduced automatic suspension of parental responsibility when a parent is convicted of murdering the other parent. In such cases, the court can make prohibited steps orders to restrict further involvement of the offending parent.
How do you apply to remove parental responsibility?
The process starts with seeking legal advice to determine if your situation meets the high threshold for removal. If so, you can apply to the family court using Form C1, and if there are safeguarding concerns, Form C1A should also be completed. In most cases, you will also need to attend a Mediation Information and Assessment Meeting (MIAM) or provide evidence of why mediation is not suitable.
Once the application is made, the court will list a First Hearing Dispute Resolution Appointment (FHDRA). At this stage, CAFCASS (Children and Family Court Advisory and Support Service) may become involved to assess the child’s welfare and prepare reports. Further hearings may follow before the court makes a final decision.
Throughout the process, the child’s welfare remains the court’s paramount concern. If the court decides that removing parental responsibility is not justified, it may instead issue a prohibited steps order to limit how a parent exercises their responsibilities – for example, preventing them from making decisions about education or taking the child abroad.
When removal is not possible
In many cases, especially involving married fathers, parental responsibility cannot be legally removed. However, alternative legal options may still provide protection. These include:
- Prohibited steps orders to restrict certain decisions.
- Specific issue orders to resolve particular disputes, such as medical treatment or school choice.
- In cases where the local authority becomes involved, parental responsibility may be shared or transferred through care or adoption proceedings.
What this means for you
Applying to remove parental responsibility is a serious and complex step, and the courts will only agree in the most exceptional circumstances. For many families, seeking alternative court orders to restrict or manage parental involvement is a more realistic and effective option.
At Osbourne Pinner Solicitors, we understand how sensitive these cases can be. Our experienced family law solicitors can guide you through your options, prepare the strongest possible case and support you at every stage of the process.
We start with a free 30-minute consultation to discuss your circumstances. This can take place on a video call or in person at our offices in Harrow, Canary Wharf, Piccadilly Circus or Manchester. Book your consultation today using the form below or contact us on 0203 983 5080 or [email protected].
