15/05/2025

Parental responsibility is the broad authority to make decisions about a child’s life and is usually held by the parents named on a child’s birth certificate. It doesn’t relate to the day-to-day care or arrangements for children.

It is rare for parental responsibility to be removed, but it is possible. In fact, a recent landmark family court ruling did just this.

Removal of parental responsibility requires proof of exceptional circumstances and necessity. Both were proved in the case in question when it was judged that removal was in the child’s best interests and an appropriate step in regulating the child’s life.

Compelling evidence in this case included criminal convictions, professional testimony outlining harm, as well as evidence of ongoing risk. This was supported by witness statements highlighting how, if retained, parental responsibility would be improperly used to control decisions about the child’s life.

The threshold for the removal of parental responsibility is high, with robust evidence of exceptional circumstances being required. In fact, the issue hit the headlines last year when a mother spent £30,000 in legal fees to prevent her paedophile ex-husband having access to their daughter. Believe it or not, a conviction for child sex offences, does not automatically lead to the removal of parental responsibility.

However, changes are on the way. Last year ‘Jade’s Law’ was introduced through amendments to the Victims and Prisoners Act 2024. Named after Jade Ward who was murdered by her former partner, the amendments mandate automatic suspension of parental responsibility for parents convicted of killing the other parent of their child, with the aim of protecting children from further trauma.

While a useful step in the right direction, it is limited, as child sexual offences do not come within the scope of the Victims and Prisoners Act.

It is worth noting that where the removal of parental responsibility is not sanctioned by the court, the court does have powers to limit and control the exercise of parental responsibility through the making of prohibited steps orders (preventing certain action being taken by a parent) or specific issue orders (which can enable one parent to make a decision).

Need information about parental responsibility?

For advice about parental responsibility or any other family law matter, please don’t hesitate to contact our expert team by emailing enquiry@beswicks.com or phoning our Stoke-on-Trent solicitors on 01782 205000 or our Altrincham solicitors on 0161 929 8494.