Christmas and New Year see a spike in the number of enquiries about how to remove parental responsibility from another parent. Statistically, more women enquire about how to remove parental responsibility from the father. Why does Christmas see a rise in the removal of parental responsibility requests and is it possible?
Only the Court has the power to remove parental responsibility in England and Wales. However, the removal of parental rights happens in very limited circumstances. That’s not to say it’s not possible. For example, if a child’s welfare is at risk then there’s a greater chance of you being able to remove parental responsibility from the other parent.
Why are more enquiries made at Christmas?
Christmas often brings tough family situations to the forefront. Back in 2017, a Guardian report highlighted that Britain was suffering from a ‘crisis of fatherlessness’, with more than 50% of children born in the modern age unlikely to be living with both parents by the time they were 15.
Unfortunately, little has changed when it comes to fatherlessness in the UK in 2022. It’s this growing population of estranged fathers in particular that’s driving the rise in removal of parental responsibility requests.
‘How to remove parental responsibility from Father UK’ is searched nearly 500 times a month online, often doubling around December. Typically, the removal of parental rights only happens if a child is adopted or if the behaviour of a father or mother threatens the welfare of a child and warrants removal of parental responsibility.
How likely is it that I can remove parental responsibility from the other parent?
Only in truly exceptional circumstances would a Family Court consider the termination of parental responsibility.
Some examples of when parental rights might be removed include:
- A parent being sent to prison for physically harming a child
- Sexual abuse toward a child
- Physical or sexual abuse of one parent toward the other parent
- Withholding consent for medical treatment
In contrast, a Court would not remove parental responsibility – particularly in respect to the father – for any of these reasons:
- He has no contact with his child
- His child does not want to contact him
- He won’t pay child maintenance
- He is not involved in his child’s life
Should a Court find that a father is having a negative impact on a child, they can restrict the level of involvement he has in a child’s life by issuing either a Child Arrangements Order or a Prohibited Steps Order.
Should I apply to remove parental responsibility?
Because it’s very rare for a Court to remove parental responsibility from either parent, it’s best to seek legal advice about your options. Only if ‘exceptional circumstances’ can be proven will you have any chance of being successful with a Court application.
A more realistic and cost-effective route is perhaps to apply for an Order that limit’s the other parent’s involvement in a child’s life. However, you would have to seriously consider the implications of cutting out the other parent from your child’s life.
