How do you Remove Parental Responsibility from a Father?
In this blog, our family law solicitors look at the concept of parental responsibility and how, in exceptional circumstances, s...
Clear, compassionate advice on parental responsibility, whoever you are and whatever your family looks like.
If you’re separating from your child’s other parent, or you’re a grandparent, step-parent or wider family member stepping into a caring role, it’s natural to want to know exactly where you stand. Parental responsibility decides who has a legal say in a child’s upbringing, from their schooling to their medical care and where they live. Our children law solicitors, led by directors Louise Halford and Robin Charrot, help parents and carers across Manchester and Cheshire understand their parental responsibility, put the right agreement or order in place, and resolve disagreements when they arise.
Parental responsibility is a legal concept set out in the Children Act 1989, and it can work slightly differently depending on your circumstances. This page covers parental responsibility law in England and Wales.
You might need advice on parental responsibility if:
Whatever brings you to us, our solicitors will help you understand exactly where you stand and what your options are.
If you’ve never dealt with a solicitor before, it’s natural to feel daunted. Get in touch, tell us what’s happening, and we’ll explain your options clearly and calmly, one step at a time.
We listen and advise – you tell us what’s happening and what you’d like for your children, and we explain your options clearly, along with the likely outcomes, so you can make informed decisions.
We help you reach agreement – through direct negotiation or family mediation wherever possible, keeping things calm for your children.
We formalise or represent – we can record your agreement in a parenting plan or consent order, or apply to the court for a child arrangements order and represent you firmly if agreement isn’t possible.
Every decision we help you make starts with what’s best for your children.
We resolve as much as possible by agreement, sparing your children the stress of court.
Robust, expert representation when agreement isn’t possible.
Everyone you deal with has a personal stake in getting the right outcome for your family.
Our fees are published online.
Our children law team is led by directors Louise Halford and Robin Charrot, supported by a wider team of experienced solicitors – all ready to help with your parental responsibility matter.
Parental responsibility gives you the legal right to have a say in how your child is brought up, including decisions about their education, medical treatment, religion and where they live. If both parents have parental responsibility, both have a right to be involved in major decisions about their child. Having parental responsibility also means you’re entitled to receive certain information about your child, such as school reports and copies of medical records.
If you don’t have parental responsibility, you’re still liable to pay child maintenance, and you can still apply to court – for example, for a Child Arrangement Order to see your child.
Under English and Welsh law, a person has parental responsibility for a child if they are:
If you’re a parent without parental responsibility, there are two main routes: signing a Parental Responsibility Agreement with your child’s other parent, or applying to court for a Parental Responsibility Order if agreement isn’t possible.
If you’re not your child’s parent but you’re caring for them – as a grandparent or step-parent, for example – you can apply for permission to seek a Child Arrangement Order. While that order is in force, you’ll hold parental responsibility alongside anyone else who has it.
Not automatically. A step-parent can gain parental responsibility either by agreement with everyone who already holds it, or by court order. Our solicitors can advise on the right route for your family and help put the agreement or application in place.
Parental responsibility tends to matter most when parents, or others who share it, can’t agree on what’s best for their child – for example, whether they should:
If you’re the only person with parental responsibility, you can generally make these decisions yourself. If you share parental responsibility and can’t reach agreement, the court can step in to decide what’s in your child’s best interests – for example, through a specific issue order or prohibited steps order (our children law page covers these in more detail), or, where a move abroad is in dispute, a relocation order.
Even without parental responsibility, you can apply to the court for arrangements to see your child, and you remain liable for child maintenance. If you’re unsure what this means for you, it’s worth taking early legal advice – the sooner you understand your position, the sooner you can plan your next step.
Knowing exactly where you stand on parental responsibility can make everything else – decisions about school, medical care, or where your child lives – feel clearer and calmer. We’ll help you understand your rights, put the right agreement in place, or stand firmly in your corner if it’s contested. There’s no pressure and no obligation.
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