In practical terms, those who hold parental responsibility can have a say in the important decisions about how a child is raised. But what if you don’t want to have such responsibilities and want them removed? Can a parent give up parental responsibility? We look at the facts.
In practical terms, those who hold parental responsibility can have a say in the important decisions about how a child is raised. But what if you don’t want to have such responsibilities and want them removed? Can a parent give up parental responsibility? We look at the facts.
If you have a family law issue and you require legal advice to understand your options, contact specialist family law solicitor Joanne Major. Joanne is the founder of her specialist family law firm and has spent her 25-year legal career specialising in family and matrimonial cases.
Can a mother give up/lose parental responsibility?
The mother may choose to enter a voluntary agreement with another person to share her parental responsibilities, but this will not remove her own parental rights.
It is extremely rare for a mother to lose parental responsibility because the courts generally strive to maintain this child-parent relationship, as it is considered to be in the child’s best interests to do so. However, there are a two situations when a mother’s parental responsibility may be removed. These are:
- If the child is adopted, then both parents will lose parental responsibility as it is transferred to the adoptive parents
- Through a court order. This is usually in cases of long-term, proven abuse or neglect, and is extremely rare
Parental responsibility will not be removed by a court unless it is believed to be the best course of action for the child.
Can a father give up/lose parental responsibility?
It is important to note that the court will not remove parental responsibility from a father simply because the child refuses to attend contact; the father is absent, or he won’t pay child maintenance. A court will only terminate a father’s parental rights in exceptional circumstances and with the child’s wellbeing and best interests in mind. Conditions include those broadly similar to those that apply to mothers:
- If the child is adopted
- If the court concludes that the father has exhibited a pattern of dangerous behaviour towards the child
- The father may terminate their parental rights through a formal agreement with a third party, such as another family member
A father must seek the prior approval of the court in order to give up their parental rights, which may be done via a Consent Order if it is agreed with the other parent. In such cases, a “quid pro quo” is agreed, and typically revolves around one parent giving up parental responsibility in return for the other parent relinquishing all claims in respect of child maintenance. In reality, these types of order are few and far between because enforcing them can prove problematic. Whether or not such an order would be granted by the court depends on what is in the best interests of the child.
Essentially, whether you choose to exercise parental responsibility depends on the extent of your involvement in the child’s life. If you haven’t seen them for a long period of time and have had minimal input, you should ask yourself if giving up parental responsibility would change things? It certainly doesn’t remove an individual’s obligations to pay child maintenance, so how would giving it up benefit you?
What are the circumstances for removing parental responsibility?
The success of an application to remove parental responsibility from a father will depend, in part, on how they gained it in the first place. It will only be removed in exceptional circumstances, providing the judge believes is in the child’s best interests. For example, if they have committed a criminal offence, unless the type of offence committed could pose a serious risk to the mother and child, their parental responsibility will remain intact.
In a 2013 case, a father’s parental responsibility for his son was removed following his conviction for the sexual abuse of his step-daughters. The court was of the view that although there had been commitment and attachment between father and son, this had been undermined by the father’s abuse of the child’s step-sisters.
In the limited number of example cases, such as the one referred to above, a father has generally been guilty of neglect, abuse, or criminal behaviour towards the child and/or family, and the decision to remove parental responsibility has been taken in order to protect the child’s best interests.
If I do not have parental responsibility, will I still have responsibilities for my child?
Child maintenance and parental responsibility are treated separately by the law. Therefore, you’d be wrong to think if you give up parental responsibility, it frees you from having to financially support your child. It doesn’t. Unmarried fathers without parental responsibility, for example, still have a duty towards their children to provide them with child support, as well as ensuring their basic needs are met, such as food, clothing, and education.
In addition, unmarried fathers without parental responsibility also retain the automatic right to apply to the court for a court order regarding their child, and a right to reasonable contact if the child is being cared for by the Local Authority.
Without parental responsibility, a parent may not have the legal right to make certain decisions about their child’s upbringing, such as education and schooling, medical treatment, or religious matters.
Can parental responsibility be transferred?
Parental responsibility cannot be transferred to another person, although it can be shared with anyone who cares for the child by entering into a parental responsibility agreement with the third party. This does not extinguish either parent’s parental responsibility.
You can assign the responsibility of looking after a child to a partner, step-parent, teacher, friend or relative in certain circumstances, such as in an emergency. However, the individual holding parental responsibility is still liable and responsible for ensuring appropriate arrangements are made for the child. If the court issues a child arrangements order setting out who the child will live with other than a parent, they will acquire parental responsibility alongside its parents.
Someone who is caring for a child on a temporary basis is allowed to do what is reasonable for protecting or safeguarding the child’s welfare, but they will not receive parental responsibility unless the care is put on a more permanent footing by court order.
If the child is being cared for under a Special Guardianship Order, the carers may gain a higher level of parental responsibility which confers on them the power to make decisions for the child with a higher priority than their parents.
Find The Best Divorce & Family Lawyers Near You
We independently review and list the top divorce lawyers and family solicitors in the towns and cities near you. 100% free.
The information on this website is to be considered a guide and is therefore not legal advice. You use this information with the understanding that Wiselaw does not accept liability for any direct or indirect losses as a result of anyone relying on or acting upon the information on this website. Whilst we endeavour to provide accurate information, Wiselaw does not accept liability for any errors or omissions on this website.
