At FJG, we know that decisions involving a child’s upbringing are never taken lightly. Parental responsibility grants legal rights and duties to a parent, and while it’s usually in the child’s best interests to have both parents involved, there are exceptional cases where this involvement may need to be limited or removed entirely.
This article outlines when and how parental responsibility can be removed from a father in England and Wales, and the key legal steps involved.
What Is Parental Responsibility?
Parental responsibility refers to a parent’s legal authority and duties concerning their child’s welfare. A father may gain this through:
- Marriage to the child’s mother
- Being named on the birth certificate (after 1 Dec 2003)
- A Parental Responsibility Agreement or Court Order
- A Child Arrangements Order stating the child lives with him
- Being appointed a legal guardian
When Can It Be Removed?
Removing parental responsibility is rare and only considered when absolutely necessary for the child’s safety and well-being. Examples include:
- Serious physical, emotional or sexual abuse
- Long-term neglect or absence
- Criminal convictions related to domestic or child abuse
- Behaviour that places the child at risk of harm
Who Can Apply?
Applications can be made by:
- The child’s mother
- The child (with permission)
- A guardian or someone with parental responsibility
- The local authority (in specific cases)
The Legal Process
1. Choosing the Right Application
The process depends on how the father acquired parental responsibility. For example, if he was named on the birth certificate, an application to terminate PR can be made. PR cannot be removed if he’s married to the mother, but its use can be limited.
2. Preparing the Application
You’ll need to complete a C1 form (and a C1A if harm is alleged), provide evidence, and pay a Court fee (or apply for an exemption).
3. Court Considerations
The child’s welfare is the Court’s priority. It will consider the father’s role, risks posed, and the impact of removing PR.
4. Court Hearing
The Court may request further reports, involve CAFCASS, and consider the child’s wishes if appropriate.
Are There Alternatives?
Less severe options to removing PR may include:
- Specific Issue or Prohibited Steps Orders
- Child Arrangements Orders to define the arrangements
- Supervised contact
- Written undertakings to the Court
How FJG Can Help
Rachel Earnshaw is a Partner in our Family Law Team, specialising in children law, and is appointed to the Law Society’s Children Panel.
Our family law team offers clear advice and strong support throughout this process. We’ll assess your situation, prepare your application, and represent you in Court with care and professionalism. For further advice on any aspect of family law, please contact one of our team in our Colchester, Clacton or Chelmsford offices on 0845 543 5700, or via our online enquiry form.