The court rarely relieves a parent’s duty to raise their children. The only way to do so is if a parent is unfit or unable to care for their children. In most cases, the court will work with both parents to create a parenting plan that works best for the child. However, in some instances, one parent may be unwilling or unable to cooperate with the other, which can lead to a situation where the court must step in and take action. 

In some cases, you may also be able to take legal action. However, it is important to note that these options should only be used as a last resort after all other attempts to resolve the situation have failed. 

Removing parental involvement 

Regarding parental responsibility, the court will not just take it from a father who has moved away or does not see his child regularly. The court will only remove parental responsibility in very specific circumstances. For example, suppose a father has been absent for an extended period or has shown that he cannot adequately care for his child. 

If the father has moved away

In the case of Re B-S (Children) [2012] UKSC 55, the father had moved away from the mother and children some years before proceedings were brought to remove his parental responsibility. The Court of Appeal had held that the father’s move away constituted a change in circumstances, which meant that he could no longer be considered a “maintenance parent” and that his parental responsibility should be removed. 

However, the Supreme Court overturned this decision, holding that a father’s move away does not automatically mean he can no longer play a role in his children’s lives. The fact that a father is not living with his children does not mean that he cannot continue to support them emotionally and financially; it is for the court to consider all of the facts of each case to decide what is in the best interests of the children. 

Who will automatically have parental responsibility? 

When a child is born, the mother automatically has parental responsibility for the child. However, parental responsibility will be automatically granted to the mother and father of a child if they are married or in a civil partnership at the time of the child’s birth. 

In some circumstances, parental responsibility will be automatically granted to someone other than the mother or father of the child. For example, if one parent dies and leaves the child with another relative, that relative will usually have automatic parental responsibility. The local authority may be given parental responsibility if there is no surviving parent or relative.

Is it possible to change your child’s surname without consent? 

Some parents believe they can change their child’s surname without consent. If a parent is changing a child’s surname, they must have sole legal custody or joint legal custody with authority to make decisions about the child’s name. If the other parent doesn’t agree, they can file for legal guardianship or custody. 

Conclusion

The number of parents who are neglecting their parental responsibilities is on the rise. This is causing many problems for the government and society as a whole. There are a few ways to combat this issue, but one option that has been gaining traction lately is to remove parental responsibility from these negligent parents. 

So they would no longer be able to make decisions for their children or have legal authority over them. While this may seem harsh, it is a step that needs to be taken to protect the well-being of the children involved.