Anyone who is making important choices for their children in relation to where they live or go to school must have parental responsibility. In most situations, this will include both parents. However, after a divorce, it may be the case that one parent wishes to remove the parental responsibility from the other.
At VM Family Law, we can help you with all issues related to parental responsibility. Whether you are seeking to remove responsibility from your ex-spouse or you wish for another party to acquire status, we’re here for you and your child(ren).
Why would someone want to remove parental responsibility?
There are many reasons why someone may want to remove parental responsibility and the reasons can differ greatly from family to family but this is rare.
The court will usually only remove parental responsibility in exceptional circumstances and they will NOT remove it for reasons such as:
- Not paying child maintenance
- Not wanting contact with the child
- Not being involved in the child’s life
Who will automatically have parental responsibility after a divorce?
Mothers automatically have parental responsibility and divorce does not change this. Fathers will acquire parental responsibility if they were married to the mother at the time of birth or if they are named on the birth certificate and again, divorce does not change this.
How to obtain parental responsibility
One way to obtain parental responsibility is to enter into a parental responsibility agreement (PRA). This is a type of legal document that gives parental responsibility without the court being involved.
These agreements are usually made between the mother of the child and the father or the step-parent, and both parties must agree to it in order to obtain parental responsibility by agreement.
Can you remove parental responsibility in a divorce?
In theory, yes, but this is extremely unusual. A specific application would need to be made to the court and the court will be the one to decide whether or not to remove parental responsibility, but as we have mentioned it is usually under extreme circumstances.
A court will usually be reluctant to remove parental responsibility, even if they order the parent to have no direct contact with the child. The court can make orders to protect the children instead through child agreement orders, specific issue orders and even prohibited steps orders.
These orders won’t remove parental responsibility but they can limit the role of the parent in the child’s life if necessary to protect the child’s welfare.
On what grounds can parental responsibility be taken away?
Some circumstances in which parental responsibility can be taken away include:
- Abuse – If one parent is abusive, showing a pattern of dangerous behaviour towards the child.
- Risk to the child – If the court deems the parent is a risk to the child’s welfare.
- Adoption – If a child is adopted, then parental responsibility is transferred to the adoptive parents.
Can a restraining order remove parental responsibility?
A restraining order will not remove parental responsibility.
- Emergency protection order (EPO) – This can be made in exceptionally serious cases without notice and gives limited parental responsibility to whoever applied for the order, but it does not remove parental responsibility from the parents.
Non-molestation order (NMO) – This order can protect children from harassment, intimidation and violence by prohibiting direct and indirect contact if the child is at risk from the parent, but it will not terminate parental responsibility.
What to do if you’re in conflict with a co-parent regarding parental responsibility
If you’re in conflict with a co-parent in regards to parental responsibility, the best thing to do is get help from a third-party.
One option you can try is mediation, which involves both parties discussing their issues with an impartial third party mediator. The goal is to reach neutral grounds and agree on the best course of action for both parties with the child’s welfare being the paramount consideration.
If mediation does not work or you wish to seek your own legal advice, then you can contact our team at VM Family Law for expert bespoke advice. We have years of experience helping families navigate through the difficulties of divorce with children and parental responsibility.
We will take the time to understand your specific situation and work with you closely to find the best possible solution for everyone involved.