My Ex is not present in our children’s lives. Can I remove his Parental Responsibility?

Parental Responsibility [PR] is a legal status that grants parents rights and duties towards their children, including making important decisions about their upbringing, education, and welfare. If your ex is absent from your child’s life, you may wonder whether it is possible to remove their PR. 

Removing PR can be difficult but may be done in specific circumstances. This article explains what PR is, when it can be removed, and what options are available for parents dealing with an absent co-parent. 

What is Parental Responsibility?

PR is defined in the Children Act 1989 as “all the rights, duties, powers, responsibilities and authority which by law a parent has in relation to the child and his property”. 

This means a parent with PR has legal rights to be involved in decisions about the child’s:

• Education 
• Medical treatment
• Religious upbringing
• Living arrangements

A mother automatically has PR from birth, whereas a father’s PR depends on several factors. 

Does my Ex have Parental Responsibility?

Before considering PR removal, it is important to confirm whether your ex has PR. A father has PR if: 

• He was married to the mother at the time of the child’s birth. 
• He is named on the child’s birth certificate (for children born after 1 December 2003); or
• He has acquired PR through a Parental Responsibility Agreement or Parental Responsibility Order from the court.

If you ex does not have PR, then there is no need to apply for removal.

Can Parental Responsibility be removed? 

For Fathers

In most cases, it is difficult to remove a father’s PR, even if they are absent from the child’s life. The courts consider PR to be a fundamental legal connection between a parent and child, and they are reluctant to remove it unless it is absolutely necessary. 

The situations where PR may be removed from a father include:

• Serious risk of harm – If the father has been convicted of serious crimes against the child, such as abuse or neglect, the court may consider removing PR. 
• Exceptional circumstances – If the father is completely unfit to have any legal role in the children’s life.

For Step-Parents

If a step-parent has acquired PR through a court order or agreement, it can be removed by the court if it is no longer deemed appropriate. 

For Unmarried Fathers Who Acquire Parental Responsibility Later

In cases where the father obtained PR through a Parental Responsibility Agreement or Parental Responsibility Order, the court has the power to revoke it, although this remains rare. 

What can you do if your Ex is absent? 

If you ex is not involved in your child’s life but does not pose a risk, there are alternative steps you can take rather than seeking PR removal. 

Apply for a Specific Issue Order or Prohibited Steps Order

If you are concerned that your ex may interfere in decisions, you can apply for a Specific Issue Order (to decide an important matter) or a Prohibited Steps Order (to prevent them from making decisions concerning the child).

Consider Adoption or Step-Parent PR

If you are in a new relationship and your partner wishes to adopt your child, this may remove the absent parent’s PR. However, adoption is a complex legal process and usually requires the absent parent’s consent unless the court determines that is unnecessary. 

What is the Court’s approach?

The Family Court in England and Wales is guided by the welfare principle in the Children Act 1989. This means that all decisions must be made in the child’s best interests. 

Since PR is seen as a fundamental right and responsibility, the court is reluctant to remove it unless there is a danger to the child or the child’s welfare would benefit from PR removal. 

A parent’s absence is not usually sufficient reason in itself for the removal of PR. The court expects the other parent to make manage parental decisions. 

What are your options?

If your ex is completely absent but does not pose a risk to your child, removing their PR is unlikely to be an option unless there are exceptional circumstances. If you are unsure about your legal position, and feel you would benefit from legal advice on your options, please get in touch via our contact page or contact Sigourney Lee-Smith direct (01295 204009 or slee-smith@se-solicitors.co.uk).