How to Remove Parental Responsibility from Father/Mother in the UK

UK courts may issue an order to remove (discharge) parental responsibility from a mother or father, but only in extremely rare circumstances. Having parental responsibility removed is the exception rather than the rule. Parental responsibility cannot be removed from a biological mother unless the child has been adopted or, in the case of surrogacy. Likewise, fathers have substantial parental rights, and this can only normally be removed from unmarried fathers who acquired parental rights by a parental responsibility order, a court order, or registration on the child’s birth certificate. 

Having parental responsibility removed from a mother or father is an extremely sensitive and complex area of law. To discuss whether it may be possible to have parental responsibility removed from your child’s mother or father, contact our family law team in complete confidence. We will listen to the circumstances of your case and do all we can to support you and your child. 

How to remove parental responsibility from the father 

It may be possible to remove parental responsibility from a father who is not married to or in a civil partnership with the mother, second female parent, step-parent or civil partner of a parent with parental responsibility. The Court will only consider the removal of parental responsibility in exceptional cases. 

In the past, courts have ordered the discharge of parental responsibility for unmarried fathers who: 

• Inflicted serious and non-accidental injuries on his nine-week-old child.
• Pleaded guilty to sexual offences perpetrated on two of the mother’s children.
• Sexually abused his young daughter and was subsequently sentenced to 14 years imprisonment.
• Repeatedly behaved in an abusive, intimidating and unpleasant manner towards the mother and others involved in the care of the child. 

If any of the above circumstances exist, you can submit an application to the Court for the discharge of parental responsibility. To do this you will need to take the following steps: 

1. Submit Form C1 and Form FM1 to the Family Court or the High Court. It may also be necessary to submit Form C1A if the child has suffered or is at risk of suffering. The Court will then review the application and consider the next steps based on the urgency of the case. 

2. The Court may require the parties to attend a Mediation Information and Assessment Meeting (MIAM) unless an exemption has been claimed in Form C1. A MIAM is a session by a trained mediator who assesses whether mediation or another dispute resolution method should be tried before applying to the Court. If mediation is not successful or possible, the Court will then proceed with the application.  

3. The next stage is the first hearing dispute resolution appointment (FHDRA). The mother or father applying for the order must serve the other parent with a sealed copy of the application at least 14 days before the FHDRA.  

4. They then have 14 days to respond. At the FHDRA, the Court will review the case and make decisions on how the case should be managed and a timetable for the next steps.  

5. The next steps will typically include a Dispute resolution appointment (DRA) and a final hearing.  

It is important to note that the Court will not normally allow the removal of parental responsibility from a father simply because they have: 

• Committed a criminal offence (the exception being if the crime placed the child and/or mother at serious risk of harm) 
• Moved away or doesn’t see his child on a regular basis 
• Not made child support maintenance contributions
• Separated from the child’s mother 

How to remove parental responsibility from an absent father 

In the UK, a father will not automatically lose his parental rights simply as a result of being absent (whether for 6 weeks or 6 months) or having no contact with his child. It may be possible for the Court to remove parental responsibility from an absent father if the parental responsibility was acquired through a parental responsibility agreement or court order.  

It is important to remember that the Court will always take into account what is in the best interests of the child when it comes to parental responsibility decisions. The Court will look at all of the relevant factors before making a decision, and they may take into account the length of and reasons for any absence of the father.  

Voluntary termination of parental rights in the UK 

There are circumstances in which a mother or father may voluntarily terminate their parental rights in the UK. A mother or father will give up their parental rights following the legal process of adoption or surrogacy, for example. To voluntarily terminate the parental rights of a mother or father, there must be an application for adoption or parental order to the Court. 

Can a mother lose parental responsibility? 

In the UK, a biological mother cannot have their parental responsibility removed unless there are very limited circumstances. Specifically, a mother can only lose parental responsibility if there has been an adoption order or a parental order (in the case of surrogacy). However, it may be possible to apply for a prohibited steps order under section 8 of the Children Act 1989 to restrict the parental responsibility of a mother rather than have it removed entirely.  

The Court may consider the removal of parental responsibility from second female parents, civil partners, or step-parent rights in similar circumstances as those considered by the Court for unmarried fathers, as outlined above.