How can I remove parental responsibility from the father?

Parental responsibility gives a parent the right to make important decisions about a child’s upbringing, including matters such as education, medical treatment, and religion.

In England and Wales, a mother automatically has parental responsibility from birth, while a father usually acquires it if he is married to the mother at the time of the child’s birth or if he is named on the birth certificate after December 2003. Once granted, parental responsibility is not something that is easily removed, and applications to the court to take it away are extremely rare.

The court’s primary concern in every case is the welfare of the child. For parental responsibility to be removed, there must usually be compelling evidence that the father poses a risk to the child or has demonstrated a complete lack of commitment. Situations that might give rise to an application include cases involving serious abuse, neglect, violence, or other behaviour that is clearly harmful to the child’s welfare. Even then, the court will weigh very carefully whether removal is in the best interests of the child, and in most situations the preference is to restrict or limit involvement rather than extinguish parental rights entirely.

The process begins with an application to the family court, where you must demonstrate why removal of parental responsibility is necessary. This requires strong supporting evidence, such as reports from social services, medical records, or police involvement. The court will consider whether the child’s welfare can be safeguarded through less drastic measures, such as limiting contact or placing conditions on decision-making. For example, a child arrangements order could be used to regulate contact, or a specific issue order might deal with particular disputes without fully removing responsibility.

It is important to understand that the removal of parental responsibility is one of the most extreme measures available to the court, and judges are reluctant to take this step unless absolutely unavoidable. For many parents seeking to protect a child, other legal tools provide a more practical and achievable solution. That said, if the father’s continued parental responsibility is genuinely harmful to the child’s welfare, the court does have the power to make such an order.

If you are considering this step, it is essential to seek specialist legal advice at the outset. A solicitor can help assess the strength of your case, gather the necessary evidence, and guide you through what is often a difficult process. Although removal is rare, your child’s welfare comes first, and the law provides mechanisms to ensure they are protected.

Our experienced family law team can advise you on the most effective way forward to keep your child safe.