Restriction of Parental Responsibility
Parties with parental responsibility (“PR”) have the ability to make decisions concerning the child such as medical decisions, schooling, names and religion to name a few.
Most parents automatically acquire parental responsibility, such as birth mothers; a child’s mother will have parental responsibility in all cases, regardless of whether she is married or not. Fathers married to the birth mother prior to the child being born would have PR as would unmarried fathers who are registered on the child’s birth certificate on or after 1 December 2003; and Civil partners and partners of birth mothers registered as the child’s legal parent on the birth certificate.
The Children Act 1989 highlights that a child’s mother will have parental responsibility in all cases, regardless of whether she is married or not.
How can parental responsibility be removed?
Case law highlights that removal of ‘PR’ is possible. Historically, orders to remove ‘PR’ would only be ordered when the Court thought it necessary to protect the child and family from serious harm. The child’s welfare is paramount.
In all these cases where the father’s ‘PR’ was removed, the PR had originally been obtained by an unmarried father.
In cases where the father’s behaviour met the threshold for removal of PR, but the parties were married, the Court found that they did not have jurisdiction to remove the father’s parental responsibility. There are other powers the Court could exercise to limit the married father’s PR effectively rendering it null.
Interestingly a new bill which was passed in May 2024, called the Victims and Prisoners Act 2024, has included provisions for ‘Jade’s Law’. ‘Jades Law’ states that a parent who has killed a partner, or ex-partner, with whom they have children will automatically have their parental responsibility restricted upon sentencing.
Removal of parental responsibility is a very serious step reserved for exceptional cases. Although nowadays, the Courts are more and more willing to order removal of ‘PR’ for the welfare of the child.
Mariam Cassamoali is a Family Law Solicitor at ITN Solicitors based in our London office. To discuss your situation please contact us at 020 3909 8100 or at enquiries@itnsolicitors.com