
Removing Parental Responsibility
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Removal Of Parental Responsibility
Parental responsibility gives a parent or guardian the legal authority to make important decisions about a child’s upbringing, from healthcare and education to religious choices and where the child lives. But what happens when that legal power is being misused, or when a parent’s continued involvement poses a risk to the child’s wellbeing?
At Farnworth Rose, we understand just how sensitive and distressing these situations can be. Whether you’re worried about a parent using their legal status to control, obstruct, or undermine your child’s safety and stability, or you’re seeking advice on limiting a parent’s involvement after domestic abuse or abandonment, our experienced children law solicitors are here to help.
Removing parental responsibility is a serious step and one the courts only take in exceptional circumstances. But if a parent gained parental responsibility through a court order or agreement, and their ongoing involvement is clearly no longer in the child’s best interests, it may be possible to apply to the court for its removal.
With over 38 years of experience supporting families through even the most complicated child law matters, Farnworth Rose will give you clear, honest advice about your rights, your options, and the safest way forward for you and your child.
Why Choose Farnworth Rose for Removing Parental Responsibility Actions?
When you’re dealing with the possibility of removing a parent’s legal rights, you need a team who will truly listen, understand your concerns, and act with both urgency and care. At Farnworth Rose, we’ve built a reputation for providing technically excellent legal support delivered with compassion, discretion and unwavering commitment to your child’s welfare.
With decades of experience in children law matters, we understand just how high the threshold is for the courts to remove parental responsibility. We’ll never give you false hope but we will take the time to understand your circumstances in full, assess the risks or behaviours involved, and offer honest advice about the most appropriate legal route forward.
Sometimes that may mean applying for a Parental Responsibility Removal Order. In other cases, it might involve seeking protective measures such as a Prohibited Steps Order, Specific Issue Order, or an injunction to limit harmful involvement. Whatever path is right for you, we’ll make sure you’re never left feeling alone, unheard or unsure of what’s next.
At Farnworth Rose, you’ll have direct access to a dedicated solicitor who will explain everything clearly, keep you informed at every stage, and act decisively when it matters most. We prioritise practical solutions, child-focused outcomes, and legal clarity, all delivered with the empathy and understanding you deserve.
Frequently Asked Questions for Removing Parental Responsibility
+ What is the Legal Definition of Parental Responsibility?
Parental responsibility refers to the legal rights, duties, and powers a parent has over a child’s care and upbringing. It gives a parent the authority to be involved in key decisions, such as where a child goes to school, whether they receive medical treatment, which religion they follow, and where they can live or travel.
Mothers automatically have parental responsibility, as do most fathers who were married to the child’s mother at the time of birth. Unmarried fathers may acquire it in several ways, including being named on the birth certificate (for children born after 1 December 2003), by entering into a Parental Responsibility Agreement with the mother, or by securing a Parental Responsibility Order from the court. Once granted, parental responsibility gives a legal standing that must be exercised responsibly and in the best interests of the child.
+ Can Parental Responsibility Be Removed?
Parental responsibility can only be removed in exceptional circumstances, and only from certain individuals. This typically applies to unmarried fathers who acquired parental responsibility through a Parental Responsibility Agreement or a court order. It cannot be removed from mothers, or from fathers who were married to the mother at the time of the child’s birth, unless the child is adopted.
+ Who Can Apply to Remove Parental Responsibility?
An application to remove parental responsibility is usually made by the child’s mother or primary carer, particularly when they believe that the father’s continued involvement is unsafe or not in the child’s best interests. Legal advice is essential, as these applications are extensive and require compelling evidence to succeed.
+ What Situations Might Justify Removal?
The threshold for removing parental responsibility is very high. Courts do not consider inconsistent contact, emotional detachment, a lack of financial contribution, or even a parent’s complete absence as reasons in themselves to justify removal.
Instead, the court will only consider termination in cases where a parent’s behaviour is extreme, dangerous, or demonstrably harmful. For example, this might include a parent who is persistently abusive, uses their legal status to delay or block vital medical treatment, or harasses and intimidates the other parent or the child. If a parent is found to be actively using their parental responsibility to cause harm, control, or distress, particularly in a way that places the child at emotional or physical risk, the court may agree to remove it.
Every case is examined in detail, and decisions are made based on clear, robust evidence and the overriding consideration of the child’s welfare.
+ What Does the Court Consider?
The court will only grant the removal of parental responsibility where there is clear evidence that it is necessary to protect the child. Judges assess whether the parent’s behaviour has been significantly harmful or abusive, and whether continuing to allow them legal rights would put the child’s wellbeing at risk. The decision always centres on what is best for the child, not what is easiest or most convenient for the parents.
+ What Are the Alternatives to Removing Parental Responsibility?
If removal isn’t legally possible or justified, there are still effective ways to protect your child. The court can issue Child Arrangements Orders, where the court will determine where and with whom the child will live, spend time or who they can spend time with.
Prohibited Steps Orders, or PSOs, are court orders that prevent someone with parental responsibility from carrying out a specific action or decision regarding the child. While not removing parental responsibility, it can limit how someone's responsibility is exercised if it goes against the child's best interests.
Specific Issue Orders focus on one point of contention between those who share parental responsibility. If they cannot agree on a major decision in a child's life, such as which school to attend or religion to raise them in, then an SIO can allow the court to rule on it.
At Farnworth Rose, we’ll listen carefully to your concerns and help you take the legal route that puts your child’s safety, stability and future first.
How Our Solicitors Can Help
At Farnworth Rose, we understand how emotionally overwhelming it can be when a parent’s legal rights no longer reflect the reality of your child’s life or worse, when they pose a risk to their wellbeing. If you're considering removing parental responsibility or seeking an alternative protective order, our team is here to guide you with expert legal advice and compassionate, practical support.
We start by listening carefully to your situation without judgment, and with complete confidentiality. Once we understand the nature of your concerns, we will explain your legal options clearly and honestly, including whether a removal application is viable, or whether a more targeted solution like a Prohibited Steps Order may be more appropriate.
If we believe there is a case for removal, we will help you gather the necessary evidence, prepare your application, and represent you through every stage of the legal process. Where appropriate, we will act quickly to secure urgent court protections to ensure your child is safe while proceedings are ongoing.
Whatever the circumstances, you will have direct access to a dedicated solicitor who will keep you informed, answer your questions in plain language, and work tirelessly to achieve the outcome that’s right for your child and for you.
Contact Farnworth Rose Today
Taking steps to remove parental responsibility is never easy but you don’t have to face it alone. At Farnworth Rose, we provide sensitive, expert guidance to help you protect your child and move forward with clarity and confidence.
Our children law solicitors in Lancashire are based in Nelson, near Burnley. We are committed to providing exceptional levels of client care and will work closely, considerately and strategically with you to find the best solution for your family’s unique situation.
With over 38 years of experience in children and family law, Farnworth Rose is proud to be one of the leading legal teams in the North West. We regularly support clients with family law matters across Preston, Manchester, Blackburn, Rochdale and Bolton
To speak with one of our children law solicitors, call us today on 01282 695400 or complete the form below and we’ll be in touch to help you take the next step with confidence.