Can a Parent Give Up His or Her Parental Rights?

Author: Lorna Elliott

If another person is recognised as the ‘legal’ mother or father of the child this means that the biological or former mother or father of the child does not have legal responsibility for the child any more.

Here are some examples of situations in which a biological parent may not be the ‘legal’ parent of the child:

After an adoption order is made
After a surrogacy order is made
If a married woman is inseminated artificially or conceives a child by in vitro fertilisation after 31st July 1991 the father will be her husband, unless he did not consent to the treatment.
If a man was a sperm donor to a woman married to another man who consented to the insemination, and the child is born in England or Wales after 3rd April 1988 and insemination took place before 1st August 1991, the father will be the woman’s husband.

Adoption

When a child is adopted, the legal responsibility of the biological parents is transferred to the adoptive parents. Children can only be adopted if they are under 18 years old and have never been married, and the biological parents must consent to the adoption of their child. However, if the biological parents are seen to be unreasonably withholding consent, the requirement for their consent can be waived. Since April 2007 adoption and fostering agencies have been required to consider gay and lesbian couples as prospective adoptive parents.

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Surrogacy

Once a surrogate mother has given birth to a child, the court can make a parental order that transfers the legal responsibility to the intended parents. Although there have been over 700 surrogacy cases in the UK since 1985, not all have worked out according to plan. Although surrogacy is legal in the UK, it is illegal to ‘pay’ a surrogate mother anything other than ‘reasonable expenses’ for the surrogacy.

Before the child is born, the intended parents have very few rights. Once the baby is born, the intended father’s name can go on the birth certificate (so giving the surrogate mother and the intended father equal legal rights over the child.) Six weeks after the birth, the intended parents are entitled to ask for a parental order that transfers the rights from the surrogate mother to them.

At the time of writing, the Human Fertilisation and Embryology Bill is set to introduce new provisions in relation to parenting orders. At the moment, only heterosexual married couples are entitled to apply for these orders. The new law will allow same sex civil-partnership couples, unmarried couples and same sex couples not in a civil partnership the right to apply to the court for this type of order, although they must be in a long-term relationship.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

Local Authorities & Court Orders

If a child is deemed to be at risk the local authority will investigate further and may take the child or children into care. In the first instance the local authority will try to resolve the issues without going to court but if after an attempt at resolution has failed, and it is considered that the child/children is still at risk it may apply to court to obtain a court order. The court must then decide whether or not a child is at risk. If so it may make a care or supervision order; if not it may make a residence order, a contact order, a specific issue order or a prohibited steps order.

Foster parents only have temporary rights over fostered children and do not have legal rights over them unless or until they decide to adopt them.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Child Support Rights Checker lets you answer a few questions about your situation and get a clear summary of your child maintenance rights and options. Try it now →

181 questions

Ask Child Support Laws a Question

Mickiedock 04/03/2021 at 10:36 pm

Do I still have pr to my 2 children even though where taken from their mother's care and placed within the local authority system
Approx 2.5 yrs ago

Jemmy 24/12/2020 at 12:33 am

I am wanting to move on to a new life with my new partner and give up my right to my daughter. If I do this, would I still need to pay maintenance or if I legally give up my right her father will bare all spending.

Zigy 27/10/2020 at 12:49 pm

My ex partner/ girlfriend is moving out and leaving me with 2 of our sons for another man. And she wants to give up her parental right to the kids because she does not want to know anything about us, as long as she can live her life an we dont bother her! So could you advise me what processes we gotta go trough so she can finally get this done, and we can leave her to be?

Milly87 26/10/2020 at 2:12 pm

I have a son age 13, I also have a mother who has undermined me as a parent since he has been born. She likes to cause trouble then act the victim, my son has admitted that she does fill his head with rubbish at times but he is adamant that he wants to live with her!
The past 4 years I have been in a relationship and he has took my son on like his own ( but the mother doesn’t like it because I have a support network ) I will openly admit I have been soft with my son when he was younger to have a quiet life but now he’s a teenager it’s bit me right on the rear end but we are doing everything possible to make sure he stays on the right track. Iv had to stop contact with my son and his nana because he is a different child after he’s been to her house ( attitude, rude ) he thinks the sun shines out of his arse because she buys him and when she doesn’t get her own way the dummy is spat out and she will bring other family members into it. It’s a joke..

Do I let my son go ( it won’t last because she will get bored once the spark has gone )

WonderingWoman 08/10/2020 at 8:58 am

I have two children. I’m a single parent with one child I can not cope with (massive and unusual behaviour problems) as I suffer with my own mental health. The children’s father has chosen to have no contact for 4 years (he would have had to have put effort in travelling to/from his location to get the kids). I’ve exhausted every avenue on offer, to try and help myself and my son with the behavioural issues/me not coping. It’s affecting my other child’s emotional well-being and she ends up on the side lines because I’m constantly having to supervise my son. I feel that there is no other option other than to ask for support off their father. With regards to my son, I need a break (respite). Temporarily, if the father accepted it, would I be able to ask him to share the responsibility of my sons care? And also, I’d like to add I’ve asked for support from doctors, school and children’s services. They have all been unable to offer any practical support without massive involvement with the children’s services. I deem this an inappropriate and extreme measure to take because my daughter needs to be as unaffected by this situation as possible. She’s in a place where she’s settled and happy. It would be detrimental to her. If I were able to take a break from my sons behaviour, would my daughter be viewed as a child in need in terms of me being deemed unable to cope with my sons behaviour (therefore could the social services argue that I am unable to manage to cope with my daughter too?) I’m at the end of the road with knowing what to do. Please feel free to help?!

Goalkeeper 06/10/2020 at 5:21 pm

My ex partner is making my life a living hell as long as I keep seeing my son my head can’t take all the stress that this is bringing what options do I have other than to give up my son?

Andy1975 28/09/2020 at 10:57 am

I have 2 children which I have not been allowed to see for the past 3 years as their mother won't allow it. I always had a very loving relationship with the children and the last time I saw them we were on holiday and had a fantastic time. Now I'm not allowed to be any part of their lives, not have my say on educational matters, childcare or anything else. I tried going through the family courts and got nowhere. I would like to give up my parental rights as the situation is really damaging my mental health. Is there a way I can do this?

Kiki 22/09/2020 at 7:31 pm

My daughter's biological father has been absent from her life since she was 10 months old, she is now 6, almost 7 years. Although the line of communication was left open for him to be in contact with her, he chose not to, there has been no contact at all, not even for her birthdays or Christmases, there has been no maintenance paid for her either, I have no knowledge of his whereabouts. Is there a way without going to court to have his parental responsibility taken away?

Daniiw9527 07/08/2020 at 8:34 pm

I was just wondering if it was possible for a father to surrender his parental rights. He doesn’t have anything to do with her and is with another partner who has children. Is it possible to do this without having to go to court but him giving permission

ElizabethJ 04/02/2020 at 10:18 am

My eldest daughters father and I separated 9 years ago when she was 1.5 years old. We were never married but he is on her birth certificate.
He saw her for 4 days just after her 2nd birthday and has not visited her since nor has he paid a single penny towards her upbringing, education or health costs. She is now 10.5 years old. Hasn't seen her father since she was 2 or even spoken to him over the phone since then. He has never bought so much as a birthday or christmas card for her (ever, even when we were together).
The only contact we get is a facebook message once or maybe twice per year simply asking how she is, then he disappears again.

If god forbid somethings happens to me, I don't want her being sent back to live with a man she doesn't know and who obviously doesn't care about her very much.

Is it possible to legally have his guardianship removed or his parental rights revoked?

Dizzy28 07/08/2019 at 2:12 pm

My husband and I seperated two years ago we have an 8 Yr old son together, since then he has moved his new partner in and had a child with her. The problem is that for the past two months he has had no contact with our son I have tried ringing, texting and emailing I can't go round to his house as his partner calls the police(even though I'm not doing anything wrong). In the past two months my son has become more anxious and now has seperation issues if I leave him with anyone but myself or my partner I am at a loss of what to do next. Any help would be very much appreciated.

Moore95 17/07/2019 at 5:56 pm

My sons father hasn’t had much contact with our son in 3 years, in 3 years he’s seen him 5 times and that’s only because I have gone to the town where he lives to see family. He has over come to our town once since we moved here almost three years ago. Before this he was unreliable would cancel all the time hardly paid any maintenance in the five years we have been split. He sees him once a year because I take him to his town but that’s for 24 hours. This lack of routine is affecting my 6 year old son, he’s an anxious child as it is and all this dose not help. He’s never been to any doctors appointments a and e or operations he’s undergoing assessments for autism now again he had two years of assessments before. Where do I stand I want no contact and can’t afford to take him to court and he cannot afford to take me to court

Dan 20/06/2019 at 4:21 pm

I'm a single dad of two kids who live with me full time there is no court order but the kids mother doesn't want anything to do with them she is more concerned bout the two kids she had after with other men is there a way where she can voluntarily give up her rights as she she in past she doesn't get on with the kids

Frankie 17/06/2019 at 10:20 pm

I’m currently 6 months pregnant and think it would be in the best interests of my unborn child and the father of my unborn child to surrender all parental rights to him. If needed I can pay him support is this legally an option.

C 19/03/2019 at 2:18 pm

If a child is 19 and in education until the middle of May (BTEC) when does the child maintenance stop?

Also, as the "child" is technically an adult, is it possible to pay the 19 year old the money, rather than the mother/father?

I am asking on behalf of a friend.

Regards
Caroline

Avi 14/03/2019 at 2:20 pm

My husband and i separated nearly 2 years ago and he has always seen the children twice a week with 1 overnight stay. He is now saying he would only like one overnight a fortnight because they are too much hard work. Youngest has picked up a few swear words which he claims 'daddy says this all the time' and my eldest is really struggling in school due to not knowing where he stands with his Dad and when hes meant to sleep over there. Am i in my rights to stop access until their dad stops messing us all about and agrees to regular access or has he got me over a barrel and i have to agree to the access on his terms?
Our children are both autistic so routine and consistency are very important.

alex 02/03/2019 at 8:00 am

We have had our granddaughter for just over two years now . The sgo was stoped by the social workers being pig headed . Would it be possible for our daughter to give up her rights and would it make it easier to get the sgo

Nicole 02/03/2019 at 6:42 am

I have been a mother 20 years two boys to the same man
He has decided that he wants to take the youngest
Now we are in court!

He has emotional tortured me since I left him just over a year ago taking everything!

Now we're in court!

Can a father just decide he wants s time be a father and take from a mother!!!

He a high status
Me in benefits

What can I do
Back in court in 12 weeks 24 days to submit my evidence!

sruble 08/02/2019 at 12:13 pm

I have share care court order and I see my daughter every second weekend and every Wednesday. I have huge problems with my ex and im afraid. I would like to give up my parental rights and move to another country for safety. How can i remove my parental rights and leave?

haffie 15/10/2018 at 12:11 pm

my sister wants to hand over her two daughters parental responsibilities to me. how can she go about it is it acceptable kindly advice because I also can not wait to have them as mine since I can not have children

Petals1992 29/09/2018 at 1:56 pm

Hi
Where do i start my daughter will be 3 in jan her dad hasnt seen her since she was 2 months old after a stressfull breakup when she was born he dosent want anything to do with her i dont claim csa from him i am not bothered about the money can we make it legal so he dosent have any rights to her like he wants or can someone somwhow make him pay an intrest or is adoption the only way for him to surrender his rights? If so can i adopt my own child on my own? Thank you

Disney 13/09/2018 at 2:21 pm

Hi looking for some advice.
I have a 5 month old daughter and her father from the beginning said he didn’t want to be a part of the child’s life.
Since then he has still shown no interest, ask for a dna test but then haven’t heard since we had that done. He’s never seen her, never paid any money or anything.
Can I apply for full custody or get his rights taken away from him. As I can prove that he is unfit dad

ChildSupportLaws Editor 03/09/2018 at 1:53 pm

Your child's father would have to apply to court to do this and it is highly unlikely a court would allow this (unless there was very good reason). Likewise, your child's father will still be eligible to pay child maintenance regardless of whether he has contact/access to his child or not.

Mara 02/09/2018 at 9:11 pm

Hello just looking for some advice.
My childs father has been absent from her life since she was 5 months old, she is now 4. He has never paid any maintenance nor has he tried to be a part of her life. I have received an email today from him stating he wishes to be taken off her birth certificate (this I know can't be done) but also states he wishes to renounce his PR. Is this something that can be done via court?
Thank you

ChildSupportLaws Editor 31/07/2018 at 11:31 am

You would have to apply to directly court.

Tum 30/07/2018 at 2:22 pm

My 14 years old daughter wants her father to give up his rights because for 5 years he has not been there for her. When she was born she fell under my birth status and having to need her father to sign her passport form from my birth country. He has been making it so difficult that she has missed out on school trips abroad and had not been able to travel for holidays. How do I go abouts removing him from the parental rights?

ChildSupportLaws Editor 19/07/2018 at 11:26 am

Child maintenance and child access have no bearing on each other, meaning regardless of whether you see your child or not you are still by law seen to be financially responsible towards the day-to-day upkeep of your daughter.

Bob 17/07/2018 at 10:53 pm

I have a 14 year old daughter who has avoided contact, phone or otherwise, for over a year. When I pushed the issue she told me she wants to end all contact, permanently. I can't force her to allow me to be a part of her life, so I'm not going to take them to court for visitation. However, given that I have virtually no parental rights as it is, and no access to the child, even via phone, would it be possible for me to relinquish those rights all together thus ending support obligations? Can I be legally required to pay support for the next 5 years or whatever it is, even though I have been blocked from ALL access to the child? Thanks in advance

Ricbn Editor 04/06/2018 at 3:35 pm

@Ellie - simple don't give up any rights if you don't want to. It could only take place if you consent to adoption - so don't.

Ellie 01/06/2018 at 5:33 pm

Hi my son lives wiv hes dad and sternum and two younger sibling by hes stepmum. Hes step-mum wants me to let her have some legal rights over our son as hes severely disabled incase something happens to hes dad as they are not married and i had ive been told that if anthing does he would go into care as ive already lost 3 other children to care & have been adopted. But I've since been a stable relationship and married for 5 years wiv a stepson who is 17 wiv Learning difficulties. Anyway ive been advised by a friend not to give up any of my rights as i could loose them all. What do i do?

Cookie 25/05/2018 at 6:26 pm

Hi my sister and brother in law are in bits. Their son aged 15.5 has made their lives hell for the past year siafter getting involved with a gang and taking drugs. He has 15 arrests has gone back and forth with police, sosocial services,CAMS and counselling but simply doesn't care and doesn't turn up for meetings. Today he wwaps in court against for criminal damage claims. He called his mother a hitch and worse in court. They have referred him back to YOS .They just wasatnt him gone. He carries a knife and has tried to attack both of them when high. His younger brother has become a quiet and introverted chap and says he hates him. What can they do? Can they give up their parental rights? I really fear for their mental states and marriage. Thanks in advance for any help

RoseN Editor 17/05/2018 at 12:57 pm

@Curlywurly123 - If you are really at the end of your thether you can voluntarily hand your daughter over to the local authority (put her into care). A decision that is not to be taken lightly :( Many parents struggle when looking after their kids during their teenage years. But it's a big step to give your child away.

Curlywurly123 17/05/2018 at 6:40 am

I was in a 20 year relationship (married) now divorced, I have a 13 year old daughter who is physically, emotionally and mentally abusive towards myself, (mum) I have tried everything I have involved social services and police and I’m getting no help, I am becoming isolated from family and friends and feel I can no longer cope, I am unwell and have had surgery on my stomach and my daughter keeps assaulting me and trying to hurt me in the area I’ve had surgery, her dad won’t help and just keeps saying he can not and will not allow her to go to live with him, and social services say that we have parental responsibility and won’t help, this week I felt I could take no more when my daughter used my bank card and stole over a thousand pounds, I have informed police but I didn’t know what to do so I went missing, my daughter is now in the company of her father, but I feel I could not take her back for my own safety and that of my daughter, I’m now convinced that the best help I can give myself and my daughter would be to give up my parental rights. Any information about doing this would be very helpful as I haven’t come to this decision lightly .... TIA

ChildSupportLaws Editor 03/04/2018 at 2:33 pm

You can see more via whichwhich will tell you all you need to know.

MJ 02/04/2018 at 10:50 pm

So I currently have a 3 week old son and the biological dad (who I’m not in a relationship with) doesn’t want anything to do with him. He has said that he is happy for my partner, who has been there for us both since day one, to be on the birth certificate and to adopt my son.
How does the biological father sign his rights over and can my partner be on the birth certificate?

ChildSupportLaws Editor 15/03/2018 at 11:33 am

If you wish your ex to financially contribute you can apply via CMS, You would have to apply to court to request the father of your child's Parental Responsibility rights be taken from him. However, it is very rare a court will allow this, as there has to be a very good provable reason, such as convicted child neglect, abuse etc.

S 14/03/2018 at 9:13 am

My babies father decided to leave me when I was five months pregnant saying that he doesn’t want anything to do with baby anymore. Baby is now four months old and he has not contacted or shown any interest still , He did say that he was going to only financially support but even that he hasn’t done . Can I get him to give up rights to my child if so how do I do that ?

Cham 12/03/2018 at 11:36 pm

Hi I raised my first born in a vilent relationship with a man that bullied and abused me. Our 14 year old son is nw doing the same. IV asked for help many times over the years but have not received any. Can I give up my parental rights to this child?

ChildSupportLaws Editor 26/02/2018 at 2:35 pm

You can name your parents as legal guardians in your will. You must include any written permissions from the guardian or guardians to be so that there can be no doubt or complicated wrangling with social services, courts and extended family members. It is important that the will reflects you and the individuals in question are in full agreement and that you are of sound mind at the time of writing. As there are certain procedures which would have to be followed, you may wish to speak to a solicitor who specialises in family matters. You cannot legally award your parents parental responsibility.

Lizzy 24/02/2018 at 5:29 am

I am married but I wish to separate from my husband. If anything is to happen to me, I don't trust him with my daughter I know he will just send her aboard. Therefore I was wondering may I sign over my parental responsibility to my parents so they can have legal say. In case

Blue 01/02/2018 at 11:07 pm

Hi my ex boyfriend was deported to his native country over 10 years ago. My problem is we have a daughter together she is now 14, and ever since I taken full responsibility all her life and he has never helped in bringing up my daughter, now my daughter uses her father's second name on her travelling documents. Some countries won't allow me to travel with my daughter without her father's consent. How do l get documents to show the authorities, allowing me to travel with my daughter without his consent as it is difficult to get in touch with him?

Me 29/01/2018 at 10:08 am

My sons father hasn’t had any contact with him since he was born. I’m worried that if anything happens to me he will get custody even though they haven’t met. How can I terminate his rights? he isn’t interested anyway and I have offered him full contact. I receive £25 a week maintenance which I’m happy to give up.

Sana 27/01/2018 at 8:43 pm

Hello my partner has a daughter with another women. The other women has agreed to sign her over to him sole custody. What is the process to voluntarily terminating parental responsibility? After my partner has sole custody of his daughter I am looking to adopt but initially we are eager to get the agreement in writing. As there is no disagreement I assume there would be no reason to go to court? Is it just drawing up custody papers? Or if she was to terminate her parental rights would this act in the same manner? What adopter the costs associated? Within the UK

Noddy 27/01/2018 at 7:53 pm

The csm have said I earn £400 a week which I don't but they have not asked for proof, but still I have to pay £107 a week to an 18 year old girl, so annoyed

Elle 23/12/2017 at 1:28 am

Hi me and my partner are splitting up and I would like to give up my parental rights as a mother due to not have a stable place to live and it would be easier on the kids instead of a long drawn out court case and as my ex has support in unlike me. Can it be done and if in the future I want to start a family would that affect me?

ChildSupportLaws Editor 08/12/2017 at 3:35 pm

You can see more whichwhich should answer your question.

ChildSupportLaws Editor 28/11/2017 at 2:04 pm

It is rare that a court would allow you to give up your parental rights and is only considered where and when absolutely necessary. Regardless of whether you see your daughter or not, you are still obliged by law to pay child maintenance to help with the day-to-day financial upkeep of your child.

KW 27/11/2017 at 7:47 pm

Me and my wife broke up years ago, I wish to give up my parental rights to my daughter as I have not seen her since the break up I have paid CSA since the split I was just wondering if this would stop if I gave up parental rights to my daughter

Doris 25/11/2017 at 4:57 pm

Hello my partner and I have had a residence order on my nephew since he was 9 months old my partner thinks I'm going yo take the child and leave him because of a previous relationship and daughter, how can I give him full responsibility without going to court?

ChildSupportLaws Editor 16/11/2017 at 3:23 pm

It is rare that a court will allow one parent to give up parental rights. If you wish for someone other than your ex to take care of your son should anything happen to you. You can leave a provision in your will. Any adult of your choosing can be a guardian to your child/children. This can be a close family friend with whom the child/children already have a bond with, or a family member not already directly involved in their care, such as an aunt or uncle. However, this can be challenged by the other birth parent, If the other birth parent does not have contact with your son, then it is unlikely the other parent would be given care. Likewise, if you meet a new partner and your new partner 'wants' to adopt your son (which is hypothetical currently), then your ex would have to agree

R 16/11/2017 at 7:27 am

My husband and I are going to get divorced. He lives overseas and has no contact with our son and does not pay child support. I do not care about child support. I would like my ex to volunatrily give up parental rights so that a) if something happens to me my son would be raised by my family and b) if I meet another partner they would be able to adopt him. If me and my ex agree to this arrangement can it be done?

Flv 12/11/2017 at 12:10 am

Hi I changed my children's surname by deed poll over 5 years ago.. I explained that there father had been absent since 2012 and was unaware of his whereabouts and that has not changed to this day.. Everything was fine with the name change until I applied for a passport for my oldest child.. I cannot get one until I get a letter of consent from father or get a court order.. Cannot get court order with out mediation, can't do mediation as not seen there father for over 8 years, no contact financially, in person, cards, or phone calls etc.. Help

ChildSupportLaws Editor 23/10/2017 at 11:45 am

Please see the Family Lives whichwhich should help answer your question. In order for your current partner to apply for PR

Aj 22/10/2017 at 2:54 pm

I have a three year old child and their father has no contact (his choice - he may call once every 6months). My new partner would like to adopt. How can we go about this? Do we need the fathers permission? If he cant adopt is there a way he can be given perental status so that my child would be in a safe home should anything happen to me and not be given over to the fathers relatives ( they also have no contact -their choice not mine )

ChildSupportLaws Editor 17/10/2017 at 2:11 pm

Unfortunately, before you decided to go ahead and help your friend, you should have sought legal advice about what your position would be to donate your sperm through natural intercourse and not via official channels i.e artificial insemination. Any agreement signed on a piece of paper would be deemed invalid. Meaning you will be held responsible to financially support your child.

Phillip 13/10/2017 at 6:48 pm

I recently visited a friend in the US who said she wanted me to impregnate her as she wanted a baby and would not expect anything from me of she got pregnant (which she agreed to in writing). Now that she is pregnant she is ignoring all evidence that this was the basis on which we conceived. Can i get legal recognition that I am a donor? i never had any desire to help raise the child.

ChildSupportLaws Editor 09/10/2017 at 11:29 am

Firstly, she can apply for child maintenance via REMO, as the Reciprocal Enforcement of Maintenance Order (REMO) Unit helps to register and enforce child maintenance orders internationally, If she wishes to appoint a guardian for her child (should anything happen to her), she would have to make a provision in her will. If your partner does not have a visa to return to the UK, then this is more tricky if she wishes to live in the UK as your dependent, please see gov.uk whichThere are certain requirements both you and your partner would have to fulfil in order to be able to apply.

SG 08/10/2017 at 12:36 pm

My partner has been given a residency order via the court as the child’s father would not give his permission for the child to leave the UK. She was in a domestic abuse relationship and this was lodged in her case for the residency order. She has now left the UK as she doesn't have a Visa to be here. The father has not paid any child maintenance in 8 months saying he has it in a bank account for her if they return to UK (blackmailing her.) He has been charged with procession of cannabis with intent to sell and given a good behaviour order, this has now passed. His parents use proscription drugs with alcohol at weekends to give them a high. The child would not be safe in either the father or grandparents care. How does she go about safe guarding her child from his family if anything was to happen to her. She wishes to return to UK to continue our relationship. I would be happy to adopt her child. Could you advise what we could do?

ChildSupportLaws Editor 21/09/2017 at 12:35 pm

This is not possible. It is only in very rare cases that a court will take a way a parent's parental responsibility. By law he has to pay to support the day-to-day needs of his child in the form of child maintenance, whether he wants to have anything to do with his child or not.

Louise 20/09/2017 at 12:36 pm

Hi my childrens father says he wants nothing to do with our children and wants me to get some sort of legal document in olace to either take his name of there birth certificate or get a soliciter to write a letter which we both sign saying i will never ask for money of him in the future and he will have nothing to do with us.. Is this possible ??
Thankyou

ChildSupportLaws Editor 18/09/2017 at 10:21 am

I'm afraid you or a court will not force a non-resident parent to speak to their child, as doing so would not be seen in your child's best interests. However, he is still under a legal obligation to pay child maintenance regardless.

ChildSupportLaws Editor 15/09/2017 at 3:28 pm

You cannot legally give up your parental rights i.e parental responsibility. A court allows this only if it absolutely necessary the parent should not be in the child's life i.e as specified, if it deems the child is at risk.

ChildSupportLaws Editor 15/09/2017 at 11:39 am

You cannot sign away his parental responsibility, only a court can do this and it will not unless there is a very good reason why it is in the best interests of your children. Your only recourse in this situation, is to make a provision in your will about who you wish the children to stay with (should anything happen to you), and/or through a solicitor (you can ask your ex to sign this if he agrees).

ACDC85 15/09/2017 at 11:34 am

My 14 year old son jump out of a window and decided that he didn't want to live with me any longer- he now resides with his father. We weren't married and he was born before December 2003 however his name is on the birth certificate. Not an easy decision but how would I go about giving up my parental rights?

Kez 15/09/2017 at 8:58 am

My daughters dad has not seen or spoke to her in two years and when my daughter try's to contact him he point blanks ignores him. I have tryed to contact him and solve the situation but am no further forward. What legal route do I take as he still pays maintenance

Ionnais 14/09/2017 at 2:29 pm

My ex barely sees children and has said he wants to sign over all rights to the children to me.
How do we do this so that is anything happens to me then my children go to person I want and not him as he not bothered anyway

ChildSupportLaws Editor 22/08/2017 at 1:01 pm

I am sorry to hear this. I'm not sure what financial gain your ex could get by removing you from the birth certificate of the child unless she wanted to name the original father and/or claim child maintenance if your son lived with her. If you are not your son's biological father, this could have repercussions and may end up in court if your ex wanted to regain residency of him. However, as your son is older, his opinion would also be taken into consideration should this matter come to court. Professional legal advice may be advisable here.

Karlos 21/08/2017 at 10:01 pm

Please can someone help .
I found out in 2010 that I was not the biological father of my first child . Jan 2017 my wife left the marriage. My first child has chosen to live with me in the house . I have been told that my ex is trying to get my name off the both certificate. I would expect this is for financial gain maybe . What does this mean for me and my child who is 15 years old now ?

ChildSupportLaws Editor 31/07/2017 at 2:58 pm

Regardless of whether you are registered on the birth certificate, or whether you see your child, if it is proved you are the father of your child you are required by law to pay child maintenance until your child leaves full-time education.

Adam 29/07/2017 at 2:00 pm

Hi me ex girlfriend was sleeping around with other people and got pregnant. We didn't know who the father was until she gave birth. She contacted the CSA as she wanted money for the child whom iv never even met. i did a DNA test and to my utter devastation the child was mine! I didn't get to experience the pregnancy or the birth and as I say iv never seen the child. She also signed the birth certificate before telling me that she had even given birth so the father wouldn't be on the certificate. I now have to pay CMS payments to my cheating ex for a baby iv never met and I'm not even on the borth certificate. It saddens me to say that iv made the extremely hard decision to not be in the child's life. My question is can I give up my perental rights (that is if I have any). I hope I don't sound like an ar5e but would this mean I pay her any less in child maintenance payments? Many thanks x

ChildSupportLaws Editor 28/07/2017 at 3:16 pm

You would still have to ask the consent of your son's father to change your child's name. Unless his parental responsibility is taken away through a court of law, he still has it.

Jen 27/07/2017 at 8:54 pm

My little boys dad is on his birth certificate, but hasnt payed any child mantiance, hasnt bought Christmas presents/birthday presents. He has done absolutely nothing for him. He has said he doesnt love my little boy. He has also said he no longer wants parental responsibility anymore. My little boy is nearly 5 and I am wanting to change his surname to mine. Would I be able to? He sent me an email in 2015 saying " I here by diminish my parental responsibility.

ChildSupportLaws Editor 17/07/2017 at 4:06 pm

You do not need to sign away the parental responsibilities of your child and it is rare a court will allow you to do this. However, if you allow your child to live with the other parent, then it will be difficult to step in and take your child to live with you again as the father will have become the primary carer with equal rights. If you still feel strongly that you wish to come to an agreement with the father, then this can be drawn up by a solicitor or via mediation. But that does not mean that agreement will stand should circumstances change. That would be a matter for the courts to decide.

ChildSupportLaws Editor 17/07/2017 at 12:13 pm

You would have to take the matter to court for the court to decide. However, it is rare a court will allow a parent to relinquish parental responsibility.

TC74 17/07/2017 at 11:11 am

I am going through a rough time at the moment and I would like to sign over PR to my child's father quick and how easy is it to do and will I be able to get it back once I get myself together

Rach 15/07/2017 at 3:12 pm

Hi, my childrens father is willingly wanting to terminate his PR and no longer wants to be on the birth certificate. How can we do this so i get 100% PR and everything is legal that he is nothing to do with them. I have a letter signed and dated by hi declaring this.

Thanks

ChildSupportLaws Editor 07/07/2017 at 2:59 pm

Your partner is still considered as being financially responsible for his child whether his ex is married or not. Only if his ex's husband adopted the child, would it mean your partner was no longer financially responsible for the child. Otherwise, the husband has no financial obligation. I hope that makes sense!

Katm21 24/06/2017 at 7:32 pm

My partner had a child with a lady he separated from when the child was as young. She denied him contact and married. Her husband went to court and got parental rights for the child. Does this mean my partner has no obligation to provide financial support for the child?
They are now divorcing. Does the soon to be ex husband still have rights and does he have to provide for the child in the divorce settlement?

Jgill 07/06/2017 at 9:08 pm

I have 5 children with my ex. And 2 more on the way. I don't want to be a dad no more. I can not look after them no more. I am on 3 birth certificates. She has no other partner that wants to be their dad.
How would I get a court to abolish my parental rights?

C20 04/06/2017 at 6:12 pm

My daughters father has agreed to give up all parental responsibility to her. Is there any way we could do this without having to hand his rights over to another person ? Can he just give me 100% responsibility to her ? He doesn't want to be in her life and doesn't want to have to pay csa

ChildSupportLaws Editor 26/05/2017 at 10:44 am

Your wife will have to locate the father who is registered on the birth certificate to ask for permission. The biological father has no parental responsibility, as he is not registered. If the biological father knows he is the father, then he can contest this if he wishes to take the matter to court for a paternity test. At the same time please be aware both your wife and her ex-partner have committed paternity fraud by illegally registering the non-biological parent on the birth certificate. You can also see Family Lives link her with regareds to adoption here.

Harrison 25/05/2017 at 1:14 pm

Hi, my wife got pregnant during a short fling whilst on a break from a previous partner. By the time the child was born she was back with her partner. Her partners name went on the birth certificate (not the biological father). We have now been married for 2 years together for almost 4 years. I want to adopt the child and get the previous partners name removed from the birth certificate (he has no issues with this). The biological fathers location is unknown. Can i adopt and get the birth certificate changed? Does the biological father have responsibilities and will the courts try and find him?

ChildSupportLaws Editor 03/05/2017 at 10:21 am

If your partner is not registered on the birth certificate, then he will not have any parental responsibility rights

Cata 02/05/2017 at 10:41 am

I will have my baby in 2 months. Me and my partner are not together anymore and We decided that he will give up any rights. We are romanians and I don't know if the law is the same for everyone. We are residents here for 3 and a half years. I don't know what to do. I'm scared that he will take my baby away from me. Any advice????

ChildSupportLaws Editor 26/04/2017 at 12:49 pm

Much depends upon whether your ex's partner wants to take on this responsibility. However, you cannot withdraw your parental responsibility rights unless a court agrees it and/or your ex's new partner requests to adopt your child and you give consent.

sheryl 25/04/2017 at 5:44 pm

My adopted daughter lives with her Father and chooses not to have contact with me. Her father is now in a relationship and I would like to give my daughter the chance to have a complete family unit by releasing my parental rights to allow the partner to in effect become her Mum. Is this possible?

ChildSupportLaws Editor 24/04/2017 at 3:02 pm

Regardless of who your ex lives with, you will still be considered to be part-financially responsible for your child along with the mother until he leaves full-time education. However, if you are supporting other children, this will be taken into consideration. You may wish to check how much you should be paying via the CMS calculator here .

ChildSupportLaws Editor 24/04/2017 at 12:04 pm

You and your ex cannot officially waive his parental responsibility unless and agreement is made through court. However, it is a rare that a court will allow this, unless it is deemed necessary and it is seen to be in your child's best interests.

Delo88 23/04/2017 at 11:56 pm

My ex had my son approx 7 yrs ago for which I have being paying csa direct from my wages ever since.
I have reason to believe she is now in a stable relationship, as am I (which whom I have a child of my own with my partner).
Do I either have to continue having csa taken from my wages if my ex's partner is financially helping them, also will csa take into account I have my own family to support?
Thank you

Suzie 23/04/2017 at 7:10 pm

My son is 10" his dad has been in and out of his life, he hasn't seen him for 8 months, I have asked my sons dad to give up his paternal rights, his reply was do what I want to do, with the changes in the law to taking a child abroad for a holiday, I'm not sure what I have to do legally or were I start

Rlm 22/04/2017 at 3:37 pm

My children's dad hasn't seen them since 2011 they are now nearly 8 and they don't remember him or want to see him. He also wants no contact with them so I want to know if he could sign his parental rights over to just me.

JDCH 20/03/2017 at 11:41 pm

My son's biological father has got in touch. He wishes time give up his PR in return for no longer paying maintenance. We would be happy to accept this.
Is this even doable in the United kingdom?
Thanks

ChildSupportLaws Editor 16/03/2017 at 12:24 pm

Please see Family Lives link here which will tell you all you need to know.

ChildSupportLaws Editor 16/03/2017 at 12:22 pm

Your husband cannot officially give up his parental responsibility. He will still be responsible to pay child maintenance regardless of whether he has anything to do with the child, sees his child and/or whether his ex changes his child's name.

Victoria 15/03/2017 at 8:23 pm

My daughters biological father and I split before she was born however he came to register the birth with me and her surname is my maiden name and I've since married. My daughter spent the first 4 months of her life in hospital where he biological father visited her 3 times. He's had no contact with her since, I am now married to another man who is wanting to adopt her. I've had no support from her BF either financially, physically or emotionally. Where do I stand as he is now doubting her paternity as I've asked him to give his rights up.

MrsH 15/03/2017 at 6:56 pm

hi my husband has a child from a previous relationship, the other woman wamt him to give up his parental rights and allow her to change the child last name if he does this does he still have to maintenance ?

ChildSupportLaws Editor 22/02/2017 at 3:01 pm

Your ex will not lose parental responsibility over the fact he lives abroad. If your partner wishes to adopt your son you would have to seek the consent of his father, or take the matter to court. However, if your ex has contact with his son and wishes to remain his father, it is unlikely a court would rule to let your current partner adopt your child. This can be considered where the father plays no part, or ever has in the child's life, but is less likely where the father still has some form of contact and is reluctant to hand over his parental responsibility.

ChildSupportLaws Editor 21/02/2017 at 2:53 pm

Your rights are dependent upon whether the mother of your child chooses to register your name as the child's father on the birth certificate. If she does, then you will have what is classed as Parental Responsibility, which means you will be given 'some' rights over your child. If your ex chooses not to register your name on the birth certificate, then you will have no rights over the welfare of your child. Therefore, if you do not wish to have contact etc with your child, you can request your ex does not register your name on the birth certificate. However, regardless of whether the mother registers your name or not on the birth certificate, the mother can still make a claim for child maintenance which, by law, you will be liable to pay until the child finishes full-time education.

Hkbm 21/02/2017 at 11:25 am

I have an unplanned baby with a girl I do not want any contact with her or the baby is there anyway I can waive my parental rights I am not on the birth certificate and don't pay maintenance or have contact please help

Becky 18/02/2017 at 5:22 pm

Hi. My ex husband and I split 10 years ago and divorced. We have an 11 year old son who he had regular contact with up until him emigrating 2 years ago. Does he lose parental responsibility to his son? He is in contact via FaceTime but other than that my son has no contact with him. He has applied for citizenship in the country he lives in. My partner who lives with us would like to adopt my son and take responsibility for him and his future. Do I need permission from his father to do this? Or has he lost any parental rights because he has emigrated? Thankyou for your help

ChildSupportLaws Editor 31/01/2017 at 11:46 am

Yes, you are still responsible for the financial upkeep for your child unless the court has stated otherwise.

Jimmyd 30/01/2017 at 2:33 pm

If my ex won in court giving her full parental responsibilities do I still have to pay maintenance

K 06/01/2017 at 12:05 am

My ex husband and I separated 3 years ago and we have 50/50 custody of our daughters, 9 and 6. They announced today that Daddy get stressed and kicks and punches items around the house and thumps his own head in anger. This comes as no surprise as I left him over behavior like this. They say he only behaves like this when his current gf isn't present. I have no concerns over him being a threat to them but I don't want them witnessing such violent behaviour. How do I go about altering our agreement of custody which was done via the courts with our divorce?

Michelle 31/12/2016 at 8:39 am

My daughters biological dad and I split up almost 2 years ago and since I got with my current partner he hasn't bothered with my daughter last time he seen her was July and he has given me twenty pounds in the whole of this year and not bought her anything she has needed. I have gave him so many chances to see her and he agrees then cancels we bumped in to him in July and my daughter didn't even know who he was because even when we were together when she was young he was barely around her. My daughter calls my fiancée daddy and has no idea about who her biological father is anytime we have seen him. My current partner spoke to him and he said to him "why should I pay towards the kid if your there and she's calling you daddy". Does anyone know if its possible to get my daughters parental responsibility terminated so he can just be out of our lives for good instead of jumping in and out of my daughters life when ever it suits him. He will want to know her when he's single but when he's in a relationship doesn't want to know as he has gone from squeezing an hour a month in his busy schedule to see her to seeing her twice a year. And I don't want him thinking he can do that to his own child.

Charl 23/12/2016 at 6:10 pm

My ex left last month, he smokes weed, is mentally unstable, he attempted suicide at the start of the year because of the responsibility of being a dad. He was incredibly abusive to both me and my son and isn't all that bothered by my son, I've done my complete best to try and get him to see my son, he hasn't messaged me back in a month other than to say "you are going through child maintenence, how low can you get" so just bothered about the fact he's going to loose money. the one time he did come over he was just talking about how he wanted to stab everyone.
I'd really just like to know my chances of getting full parental custody.
I don't think he is safe around my son, and I don't think he's a good influence smoking weed and abusing women and children.

HJo Editor 19/12/2016 at 2:29 pm

@Lisa ..if you feel it is in your children's best interests then you should stop your ex having overnight access until you can resolve the issue, especially if you know your ex is smacking your children.

Lisa 18/12/2016 at 10:36 pm

My husband and i separated 8 months ago and at first only allowed him contact with the children at my home. A few months ago i allowed them to have over night stays with their dad but in the last few weeks my 5 year ols son has been coming home with bruises, scratches, grazes on his body. Also when its time for them to go to their dads they become very upset as they dont want to go with him. My 5 year old came home today after an over night stay and said daddy horrible when i asked why he said daddy smack me because i couldnt get dressed. So should I stop contact and only allow supervised visits ? Any advice would be helpful thanks.

Unicorn 19/11/2016 at 6:40 pm

I have been battling depression for many years this yr it has got extremely bad where I will scream and shout to the husband and kids . The other day I did a impulse thing and tried to end things my Hubbie don't want me home untill I am better and getting support but I need to be home and prove to him I am willing to get help . I have also offered to sign all parental rights to our children so if I do anything silly he can throw me out and stop me seeing the kids . For me to do this I know I will sort myself out as I have way to much to loose I realise that now . Can I do this ? If yes how can I remove my right into just his

ChildSupportLaws Editor 16/11/2016 at 12:41 pm

You would have to apply for a child arrangement order

jb 15/11/2016 at 2:30 pm

Have i left oz with my child 4YRS AGO i have full day to day care . Dad left 10 day before he was born seen him for 7 hour of his live up till he was 5 .weeks old never seen him since .Did not ask permision as he did not want anything to do with him how do i get full custody in the uk someone told me i could get this because he has not seen him and he did not want anything to do with him

ChildSupportLaws Editor 14/11/2016 at 1:01 pm

I am sorry to hear this and hope it does not come to this. If you make a will, you can use it to appoint guardians of your children in the event that anything should happen to you before they reach the age of 18. Bear in mind that if you don't appoint a guardian and your children are left without a parent before they reach the age of 18, then the courts will appoint guardians. By making an appointment in your will you can take steps to help ensure that the people whom you choose and, possibly just as importantly whom your children would choose, are appointed as guardians. I hope this helps and we wish you every success with your treatment.

ChildSupportLaws Editor 14/11/2016 at 12:27 pm

You don't say how your friend wishes to give up her parental rights, whether she wants to hand them over to the father, or put her child up for adoption. It is very rare for a court to revoke parental rights and it will usually only order this iff someone else is prepared to adopt the child. The court generally will not terminate a parent's rights if it would leave the child with only one parent responsible for the child's care and support. Your friend would have to take legal advice.

Jmonique 13/11/2016 at 8:33 pm

Iv recently been admitted to hospital with a life threatening illness and waiting to undergo surgery. I want to take the legal steps to ensure if anything was to happen to me during/after the surgery that my step mum will receive full custody of my 2 year old daughter. Her fathers name is on her birth certificate however hasn't been in contact with her for the last year and half. He does pay Maintance but is happy to give up parental responsibility? Please help?!

Tami 13/11/2016 at 6:16 pm

Hi i was wondering uf anyone could help me a friend want to give up her parent rights to her daughter how does she do this?

Melb 21/10/2016 at 10:18 pm

Thanks a lots for reply, appreciated your time and advice . Best of luck to your website . Debbie x

ChildSupportLaws Editor 21/10/2016 at 2:13 pm

We can't say whether the court will grant your ex access. Your older children will be able to specify a preference and Cafcass and the court will take this on board. If your younger child does not know him, then his opinions will also be taken into consideration and the court will decide upon what it thinks is in his best interests. Your ex would not be able to get a bigger house on the fact of access to your children, as the children would have to reside with him, for him to be able to do this. If your ex has had little to do with your children, if any access is granted it will be minimal to start.

Debbie 21/10/2016 at 12:13 am

Hi , I got separated from my ex seven years ago and divorced 5 years ago a reason of violence. I have three children age 15,11 and 8 my ex never ever bothered to see the kids , my son was one when he left him now he doesn't know his dad at all. In mean time my ex was earning 30 000£ pr . When I applied for CSA he went on benifits .i refused that 5£ and I moved on , I got married and my kids love my partener they call him dad and he Is the dream dad for them he provides and loves them to bits, now my ex is jalouse he wants contact as he want to get bigger house on benifits he took me to court, I wrote letter explaining why I refused mediation, this man very abusive and I had Drs help for all those years and suffered depression , I was referred to victime support.... This all happened 2012, I never thought he will take me to court one day as he never wanted the kids before. Please help me and advice me . Can I refuse the contact as kids don't want him at all. And I am happy for caffcasse to interview them.

Melb 20/10/2016 at 11:56 pm

Hi SNake70. I know it's hard for you all but it's more hard for him... Please it's hard age and they all react deffrent allways remember he is your son you live him,,, try to talk to him and show him what's wrong, I got kid same age started to go in wrong way but thank a god is turned to an angel doing much much better in life and excellent in school, it killed me but I was very tough. Please what ever you do do not kick him out that will make it worse with this horrible society cruel people out there , take him on holiday to one poor country show him how ungreatful they are here in uk. Please love him more . Take care of him less freedom . God be with you all the best

ChildSupportLaws Editor 20/10/2016 at 2:33 pm

We do not have a contact service. We can only give general advice online via this site.

canny 19/10/2016 at 11:45 pm

Please could I have a member of staff to contact me as I am after giving up my rights to my son to his mother as horribless as it sounds it's for he best

Deb 13/10/2016 at 4:04 pm

Hi,

I was wondering if you could help. My Husband and his ex gave up their rights to their son 7 years ago after my Husband fighting to keep him, but lost.

Is there anyway now that we are Married that we can start visitation/getting in contact with him via his Foster Parents and possibly adopting him if all went to plan before he turns 16 years old??

Thanks

Snake70 10/10/2016 at 3:20 pm

I have a teenager that doesn't want to follow any rule or been educated, he's 15, soon to be 16, comes home at 2am, has stolen money from me, from his brother and my girlfriend (not his mother) too, he's part of a gang and smokes illegal substances and I don't want him anymore near us as he could be a bad influence for his younger brother (12), has been arrested with a possession of a knife in public and been to court for it, he takes advantage of the law about child protection and stuff, what can I do? I'm desperate, I've tried every possible thing and it is not working, he just wants to be live this way and I'm not having it. Social services are on the case but all they say is that they don't have the magic stick and these things take time, I'm sorry but I'll end up waking him good time and I might be prosecuted for that and I have his little brother (he's an angel instead) to look after too. Any suggestions? Can I kick him out or so? Please!!!

ChildSupportLaws Editor 10/10/2016 at 2:05 pm

No, even if he takes the matter to court it is rare a court will withdraw parental responsibility.

Cow bag 10/10/2016 at 9:14 am

I would like to know if my ex can give up his parental rights without going to court

Surrey 03/10/2016 at 4:00 pm

My son was lied to by his ex saying she was on the injection and now she is pregnant although there are a few possible fathers, 'my son does not want a child especially as he was lied to, can he give up all rights and not have to support this child

Sugarpuff6 27/08/2016 at 9:19 am

Hi I was wondering if you could help im the mother of a very troubled 16 year old who is in the local authority care for over a year now, and I was wondering since I haven't signed any paperwork for her to go in their could I give up my parental rights to her

ChildSupportLaws Editor 25/08/2016 at 11:17 am

I'm sorry to hear the relationship with your daughter has broken down. However, regardless of whether you see your child or not, you are still legally responsible to help towards her day-to-day care through the payment of child maintenance. You cannot 'sign away' parental rights, a court of law would have to decide this. However, it is very rare that a judge will allow the signing away of parental responsibility unless absolutely necessary. The court will always decide what is in the child's best interests and allowing a father to sign away PR and stop paying child maintenance will never be considered.

Elvis 24/08/2016 at 5:05 pm

I have a daughter with my ex partner. I am now married with a child but daughter from my ex is refusing to see me and my ex is encouraging this. I would like to know if I can sign my parental rights over to the mother and also if I do will I still have to pay child mantainence. Thanks

Woo 21/08/2016 at 2:32 pm

My eldest son's behaviour has become so unreasonable and aggressive that I am afraid to have him in the house around me and my younger children. Is there anything I can do to force his father (my ex husband) to take full custody?

ChildSupportLaws Editor 17/08/2016 at 1:49 pm

If your child's father is not on the birth certificate, then he currently has no legal rights to your child. However, as the biological father there is nothing that could or would stop him applying for access if he changed his mind somewhere along the line. Whether the access would be awarded through the courts cannot be speculated upon.

jen 17/08/2016 at 3:03 am

My babys father isn't interested in being a dad. He doesn't want to pay maintenance and I would rather not have anything from him anyway. Is there a wayby either agreement or through solicitors he can give up any legal rights he has by being her biological dad if he were ever to put his name on the birth certificate. He has only ever seen her once.

ChildSupportLaws Editor 28/07/2016 at 11:15 am

You would have to seek legal advice regarding this matter. If you are a close relative of the child, you can apply to the court for a child arrangement order, special guardianship or to adopt your niece. The courts will make a decision based on Cafcass reports and whether it feels it will be in her best interests.

Steph 27/07/2016 at 12:36 pm

My sister said she no longer wished to have her daughter in December 2014 due to her behaviour. she kept her eldest sister and within 10 months had another child. My niece, who is in the care of me and my husband wishes for us to adopt her, her mother does not communicate well with either of us, will not agree to mediation, refuses to give us PR and will not let my niece change her name. she is now 11 and of a mature age to request this. my sister has told us not to contact her, and also said the same to my niece. will it be difficult for us to adopt her in the UK? we need some rights over her as we cannot live by her mothers rules and lack of response for ever. her mother has not paid for her since 2014, she has nothing to do with her through her own choice. my niece does not see her sisters as her mother wont allow It. her father hasn't been involved since she was a baby. we want her to be a part of our family, and feel secure. How do we do this. Social are not much help and are all for her mother.

stressed 17/07/2016 at 11:49 pm

Can I hand over parental responsible to my child's grandparents??

Munkies 26/06/2016 at 5:33 pm

My soon to be ex husband has not seen our daughter for 3 months before that it was when he felt like it he doesn't care about her welfare at all how do I go about getting full custody ?

ChildSupportLaws Editor 14/06/2016 at 12:28 pm

You may wish to seek mediation regarding this, as any agreement can be drawn up and approved by the courts.

Kal140 13/06/2016 at 2:40 pm

Hello my ex husband has agreed to terminate his rights to our 2 children as long as I pay and sort everything out but what paperwork/forms do I need to get in order and what is the process for this

mr4tune 29/05/2016 at 7:34 am

sorry but i have tell you the hole story well the bits that my partner and her family have told me so you can understand why i need your help......

my partner had child with her ex. he used to abuse her in all kinds of ways. he literally broke her down mentally and phsyically. then she fell pregnant and lost the baby that literally sent him over the edge he. when she got home he beat her and then went out and found some random man and beat him. he got 9 months. whilst he was in prison he made her come to visit and sent his friends to check up on her to makesure she wasnt with any other men. when he got out the abuse continued she was too scared to leave him. she the fell pregnant 6 months after that the abuse died down and it only happend when he drunk. then after baby was born(the little angle i want to adopt) he then attacked my partner for some unknown reason he came one night after he been cheating on here drag her out of bed out the front door then pushed her down the stairs outside their flat. then locked her out half naked with the 2month old still inside. she went for help and got a spare key when she finally got inside baby was crying she got baby then slammed the door into them both injuring baby and my partner. she then went hospital baby was fine just a few bruises she was alot worse off. social services got involved and told her if she stayed with him they would take baby from her. so she finally got the courage to leave and went to stay with family so he couldnt find her. couple months later he went to prison for all most beating beating a man to death. he served 3 years out his 6year sentence. but before all that he has been in and out prison since the age of 15 he is now 29 that just shows what sort of man he is. then i met her when the baby just turned 1. she was still in contact with him she moved back to peterborough and somebody spotted her going into her new house so started harrasing her again making her go to visits with the baby. she didnt want to but she had to keep him sweet because he said he would send somebody round her house. she didnt tell me how bad things with her till i put a landline she gave him the number because he said wanted his to talk daugher and see how she was doing. which we know was lie he just wanted to make sure she was at home when his mate went to check. she didnt tell me until i found one of the letters then she told me everything . then somebody spotted us togetherh he then threathend to us all saying he didnt black man around his daughter(she is white). i then told her to stop all contact with him called the prison and got it blocked his contact with him then he moved prison then it started again. now the baby is no longer a baby he had not seen her for 2 1/2 years she was 4.he gets out april 20th 2015 after doing his 3 years and me and him have words he realised im not the sort of person that he can intimidate. hes quite big man all he has been doing is going to the gym but so have i so he

ChildSupportLaws Editor 25/05/2016 at 11:38 am

This question has been replied to on one of our other sites you have posted on.

Needhelp 24/05/2016 at 3:26 pm

My partner is paying cms for a child he did not want. Although he takes the responsibility financially and doesn't object. He wants to relinquish his parental rights to the child. As he does not want to be apart of its life. She is constantly harrowing friends and family members and myself with photos and messaging on social media. He will still pay her for the child's care but does not want to be apart of its life. He is also not named on the Borth certificate. So can he relinquish?

S. 18/04/2016 at 8:40 pm

Hi,
My daughter's father is due to go to court for assault by beating (he assaulted me) end of May as he pleaded not guilty despite of evidences. He is not allowed to come near us nor contact me wether directly or indirectly until court. He's now claiming on social media that he will be leaving the country for good to go live in Switzerland in a month time. He's never supported our child financially and has been more out of our lives than in, all he did was say he loves and wants her but showed the opposite and hasn't attempted to have contact with her at all by going to a solicitor. We've never been married but our child has his last name and he's on her birth certificate. Which obviously makes me wonder how it's gonna be for me from now on like the simple thing as going on holiday with her if every time I need a letter from him allowing me to do so and all the impressive amounts of paperwork needed to show I haven't kidnapped a child. And obviously him not living in the same country soon it'll just be chaotic and rather impossible to sort this all out, would be easier if he would renounce his parental rights so I could change my daughter's last name to mine and be able to do everything a family should be able to do. Any advice on the matter would be greatly appreciated.

ChildSupportLaws Editor 13/04/2016 at 12:16 pm

You cannot force a parent to sign away their parental repsonsibility and it is very rare a court will also. Unfortunately, not all parents are conscientious therefore perhaps you could suggest mediation in order for you to try and resolve the issue.

L.Johnson 12/04/2016 at 2:43 pm

I have 2 children but my 2 year old is with my ex-partner. This guy does not have any interest in my son at all! My son is asthmatic and every time he has been in hospital it is me who is by his side, even my childminder has notice that everything and i mean everything falls to me. I recently asked him to take the day off work to be with our son as i was scared he would end up in hospital. My sons dad rang the childminder and point blank refuse to collect him, later on that night my son was in hospital due to his asthma and breathing. I have now had enough and want him to sign away all rights to my son, he has no care for his health has not seen his son in over a month and this is not the first time. He's even just gone on holiday which isn't really shocking to me as everything and anything comes before his son and even his older child as well. I am at my wits end if someone could advise me in some way that would be great

ChildSupportLaws Editor 31/03/2016 at 11:17 am

First of all, the best approach is not to ignore this and to contact the CSA directly and let it know your financial situation. It may need proof that you cannot pay the money back currently because of your situation and the CSA may either arrange a payment plan, or if you are on benefits take these into consideration when trying to collect the money.

Hadenough 30/03/2016 at 3:45 am

I have two daughters with my abusive ex ( both under 8 ) the youngest was born at 27 weeks and was incredibly sick for a long time, as was I as I have several pre-existing medical conditions. She was born so early because my ex raped and beat me. As a result, I had a massive mental breakdown which later resulted in me being diagnosed as having Aspergers syndrome and temporarily lost custody of the children. Recovered now and seeking the return of my girls ( they were placed in foster care as my ex wouldn't consider helping despite living alone in a 3 bed flat) Just received a letter from CSA stating that my ex continued to pay maintenance but I was in such a bad way, I was incapable of managing my finances and they are now asking for £3000 right now in a lump sum or they will consider other options to recover the money. I have no money, too sick to work and no items of any value as my ex was a drinker and sold/stole much of what we owned. Where do I go from here?

ChildSupportLaws Editor 04/03/2016 at 1:51 pm

It is rare that the courts will absolve a parent of PR, unless absolutely necessary. You would have to have a very good reason - but wanting him out of your life because you don't like him or he doesn't pay enough child maintenence, isn't reason enough.

Jm86 03/03/2016 at 6:46 pm

I have two children aged 12 and 9.. Their father left when our youngest was a few months old and hasn't seen them much since, my children are now at an age where they don't want to see him.. He lies to children maintence so he has to pay the bare minimum... Is there anyway i can get him to give up parental responsibilities and have him out of our lives for good???

ChildSupportLaws Editor 15/02/2016 at 11:24 am

A court will always rule what it thinks is in the best interest of the child/children, so it can make a provision for any form of child arrangement whether supervised or not.

nibs 14/02/2016 at 7:51 am

Can a father who has walked out with child leaving half brother with mother who was mentally abused by father insist on supervised contact being with him there he also has been granted custody.

dee 13/02/2016 at 11:25 am

If a child's father pursues his threat of relinquished parental rights for his children does he stop paying for them ie. Csa.
Thank you

Irina 16/12/2015 at 9:43 am

Hello
My husband is on trial for anal rape as he raped my 7 year old girl he was the step father of my girls
We have a child together and she is 2 now I would like to know were to go or how to apply for all the rights to be given to me as the child lives with me. And also I would like to apply for divorce but we were married in Romania and unfortunately I have lost the marriage certificate.
I have lived in uk for 5 and my daughter has a British passport ( the child that I have with my husband)
Thank you

ChildSupportLaws Editor 08/12/2015 at 11:52 am

I'm afraid it is rare that a court will take parental responsibility away from a father unless in exceptional circumstances. Even if a father does not have anything to do with a child, or have PR, he can still request access through the courts. If a father re-enters a child's life and applies through the courts, the court has to consider whether or not this is in the child's best interests. The biological father would also have to agree to the adoption - please see Family Lives link here for more information regarding this topic and other options you can take. I hope this helps.

Nanatattyhead 07/12/2015 at 1:36 pm

My daughter has a beautiful two and a half year old daughter but the father was abusive and they split up. He was present for the both and registration but because of his behaviour and the fact he had another child that lives with his parents under a guidance order, my grand-daughter is on the social services register. What Iwould like to know is if my daughter can stop him having any parental rights. He's in and out of prison and doesn't see her and my daughter's current partner is thinking of adopting in the future. So although it's all a bit of a mess we were hoping there is an easy solution to get him out of and kept out of her life for good. I look forward to hearing what you think.
Thank you

ChildSupportLaws Editor 04/12/2015 at 1:38 pm

He would have to take it to court to request access. Please see article: When Your Ex-Partner Denies You Access, whichThe father has every right to apply for contact to see his child.

Gemna 04/12/2015 at 8:54 am

I have a friend who has a child with a woman in the UK. He moved to a different country when they were still together. He was here for the birth and everythythibg. He sends money from where he is about £500 per month. She complain ns this is not enough, refuses to tell him how his son is doing. When he comes over to UK she doesn't allow him to see his son at all. She threatens that she will take him to court..for what I don't know. The boy will soon be two and she still stops his father having contact. She only contacts when she wants to talk about money. Does he have any way he can get to see his son when he visits.

ChildSupportLaws Editor 02/12/2015 at 1:49 pm

Please see the Reciprocal Enforcement of Maintenance Order (REMO) helpline here which should be able to help you if your child's father moves to Germany. Also, you may wish to get in touch with the CMS, not the CSA (as the CSA has been replaced). Child Maintenance Options is a free service that provides impartial information and support to help separated parents make decisions about their child maintenance arrangements, I hope this helps.

Gina 01/12/2015 at 10:35 pm

I am a single mother to a beautiful one-year-old boy. His father has never come to visit him and made it very clear he wants nothing to do with him. I am now at the stage where I feel brave enough to contact Child maintenance. But I have just found that that my ex is planning to move to Germany at the end of the month in order to avoid paying any tax on money he has earned in the last few months which is a quite substantial amount but also mainly to avoid paying me any money for the upkeep of our son. Am I too late will the Child maintenance department or inland revenue be able to force him to pay me any money? Will they be able to impose any restrictions on him until they have sorted out how much money he must pay me ie stop him from leaving the UK? Any help advice and would be much appreciated thank you N

Frankie 06/11/2015 at 10:05 pm

My ex has moved to Spain with daughter but she never got my consent she continues to have my money every month but does not send details or photos of daughter I don't know where they live etc she never contacts me only When she wants more money but I feel like she should be at least keeping me updated on my daughter can I stop her money

ChildSupportLaws Editor 21/09/2015 at 10:25 am

I am sorry to hear this. You may feel better speaking to someone directly. I have included a link to Family Lives herewhich offers a confidential and free helpline service and advice, guidance and support on any aspect of parenting and family life. Sometimes it helps speaking to someone else who may be able to give you a glimmer of hope where there currently doesn't seem to be one.

Ali555 20/09/2015 at 1:21 am

I have been falsely accuse to buy social services and by my ex-partner to the point my child is in care . Years of there lies is pushing me out of my daughters life I can see no option but to walk away from my daughter and this situation . On the final hearing for 3 days at the end of the month . Got no1 to go with , totally heart broken and cannot find the strength to go to court again private law for 5 y my ex has convinced social care and the guardian that I am a spiteful vengeful X so which I'm not . In May she was put in care when my middle child with ADHD told a lie to the school . I am running away from my kids and it s killing me now

ChildSupportLaws Editor 24/02/2015 at 11:49 am

@Spacey - I know that it feels like as you must feel like you are banging your head against a brick wall, but please don't give up. Have you not specified to the courts that the odds are against you given your ex's profession and her use of barristers? The courts are aware of the unevenness that can happen in such cases and they should help. You might find our Separated Dads Facebook page useful as there are a lot of men going through the same thing. There was a post around Xmas about someone representing themselves that had a lot of constructive advice. We also have a partner page link herewhich may help. You need to stay in line with all the other fathers fighting for their rights to see their children and for their children's rights to see them. Hopefully, you will continue to stand up to fight for your cause.

Spacey 21/02/2015 at 8:11 pm

Hi, have been to court 15 times, mum challenging all the way,". 3 Cafcass reports & 5 judges along the way all increasing contact to a second final hearing in dec.
Mum works for children's services & her brothers a criminal barrister.
Mums now made a new (unfounded) allegation to her friends (children's services and it looks like it's all starting over again.
She's reneging in the current contact order allowing me to see our daughter.
. She's had barristers (via her brother) all the way while I've had yo represent myself as I'm a low earner
. Honestly, I think I'm getting to my limit and I know this is going to sound bad, but thinking if just stopping and asking the court to remove me as the father. My daughter loves me very much but mums never going to allow us to be together.
Would the court allow us ?
How of I go about it for the sake if our daughter ?

ChildSupportLaws Editor 19/02/2015 at 10:09 am

@Gigantic - firstly, either parent can apply for a passport for their child, unless an objection has been lodged at a United Kingdom Identity and Passport Service office. You can also apply for a copy of your son's birth certificate. As far as removing parental responsibility goes, it is extremely difficult to remove PR from a parent once they have acquired it.It can only be removed by a court order. Occasionally, a PR order or parental responsibility agreement can be brought to an end by the court, but the welfare of the child will be the judge's first and foremost consideration when deciding whether to do this or not. PR is usually only removed from a parent if there is risk of serious harm or injury to the child. Taking it to court is something you would have to pay for. You may find our partner articles The Law and Single Mothers interesting, I hope this helps.

Gigantic 17/02/2015 at 9:47 am

Hi
I have a son is 11 month who live with me, his father name is on his birthday certificate, but he don't have any contact with his son or me he even don't know is child, he dont give us any financial support. To be honest I don't know nothing about him. The last time that we talked I asking to fill the baby application forms so he can have passport he refused, he said that he don't want any kind of relationship with us if I still insists asking to help me to get my son doc he will change is telephone number and change from the city.
I'm Portuguese by the Portuguese law if have to treat any document to my son I need him to sign or to give his permission to travel with my baby.

I can't travel with my son because e don't have passport the only doc he has is birth certificate. I need to have his custody soo I can do everything by myself, I'm foreign I don't understand the UK Law and I don't afford to pay a lawyer. Please I need your help.

I apologise for spelling mistakes

ChildSupportLaws Editor 17/02/2015 at 12:42 pm

@biram - I have included a gov.uk link here which should tell you what you need to know in order to go through the adoption process. I hope this helps.

biram 15/02/2015 at 10:49 am

My ex is willing to give up pr and let my partner adopt my son. Everyone is supportive of this inclueding exs family. But i dont even know where to start. Do we need to go to court? Does ex give up pr before or during adoption process? What forms do we need? fter adoption can my ex change his mind? Do we need to be married? Everyone wants this as everyone agrees its in the best intrests of my son. Any help would be great.

Ppauline 29/01/2015 at 10:15 am

My fathers daughter lives in Spain and has made payments whenever he has felt like it over the last 6 years. He has now decided to stop payments as he feels he has paid enough. He is also due inheritance this year. What should I do?

Han 08/01/2015 at 3:49 am

My partner hasn't seen his child for over 2 and a half years, the mother of the child asked him if her partner who she now has another child to could adopt his child then decided Infact she wanted CSA off my partner but she wants the best of both worlds him to pay, her new partner who his child sadly calls dad to play that role and my partner not to see his child, which we don't want if he is going to pay CSa he wants contact with the child, how do we go about going to court as there is no legal aid anymore, don't know where to start?

tima 03/12/2014 at 10:27 am

Hi I have a 4 year old daughter, I have been separated from her dad for 2 years now. I want to know if I can give up my parental responsibilities and when I do am I still expected to pay maintenance. There has been a catalogue of issues in my life and I am not able to provide the care and support as well as finances for my daughter

gramps Editor 21/07/2014 at 12:31 pm

@masie12, the fact that you allowed your son to live with his father should not count against you when applying for kinship of your grandchildren. The fact that you recognised what was in the best interests of your son, living with his father, just goes to prove that you are good parent that puts the child's need first.

masie12 18/07/2014 at 3:52 pm

I agreed 9 years ago to let my son than aged 10 live with his Father we were not married but he had always had good contact and a great relationship with his son..I felt it was in the best interest of my child as i had a lot of family commitments with an older sibling ie behavioural problems and temporary housing at that time. There was never any social work involvement and i was never seen as an unfit mother..My son wanted to live with his Father so i signed a residency order to allow him. I now have social work involvement with my grand children who have been in temporary care social services now want to get a care order to remove them from their mother. Can I be accepted as a kinship carer for the children or will the fact that i allowed my son to live with his Father voluntary disqualify me from applying? Any help would be really appreciated

Tish 29/07/2013 at 7:18 pm

Mother has full custody, but birth father pays CSA. And you find out that the youngest of just 12 at the time is in America, coloradoand CSA has not been informed, and does not no anything about it what happens.

Paul 22/09/2012 at 7:02 pm

I have a daughter who is 16 and at college I have for the previous 18 months paid a total of £10,445 to my ex wife in maintenance I stopped paying for 2 months and she has reported me to CSA who will not take into account the monies already paid and are going to take 15% direct from my wages. what can I do?

jinny 18/07/2012 at 7:35 am

how can i provce to the csa that i have share care and have my children overnight for at least 52 nights a year and more?

Good other 25/06/2012 at 10:00 pm

How can I get my ex to still pay maintenance if my husband adopts my child

dj 18/06/2012 at 3:28 pm

i have 2 children from a pervious relationship. when i split up with their father he moved to portugal so he didnt have to pay any child support.
is there any way of getting child support out of him??. i know where he is living over there. it is so frustrating.

jeanette 15/06/2012 at 1:50 pm

My son was in a relationship and they had a child the mother gave the child up to my son he has a residency order and full custody.he has now met someone else and has had a child with his new partner,he has asked me to have his first child full time,she lives with me,i am on esa as i have a disability,can i make a claim to the benefit centre for my grandaughter as she has been living with me for 5months,her mother has come back into her life.so where do things stand from there if my grandaughter is living with me,can i claim from her to and what rights does she have if she tried to claim her?

coochycoo 14/05/2012 at 1:53 pm

after being absent for 4and a half years ,no child support ,he has also lied by saying he wasnt allowed to see him can he get custody

unalee 09/05/2012 at 11:14 pm

My neice is from jamaica she came here with her daughter when she was 1yr old. my neice apply for extension of her visa which was refused since 2004 but she did not recieve the letter as the home office send it to the wrong address. now my neice is going home but she has nothing to go back to after being here inthe uk for over 11 years, the little girl is living with me so my neice want to give me parental rights of the little girl before she leaves. as she is unable to take the child home with her not knowing how she will care for her financially and accamodation wise. So please tell me how do we go about getting this parental rights sign.

Missi 21/10/2011 at 8:43 pm

My aunt had contacted me about a girl she fostered who has a son whom she cannot take care of and was looking for someone who would be willing to take the child. My husband and I have only one child and always wanted another but it just never happened. We offered yp take him but she backed out at the last minute, now she contacted us again saying she is willing to give up all rights on him and give him to us completely. Since she backed out before we are unsure if we take him and have him for a year if she can come back to take him later. We need to see what steps to take to make sure this cannot happen. Please help, any advice is welcome! We want it fast and simple if possible.

Gary 23/03/2011 at 4:16 pm

My ex-wife sustained a heart attack and consequently is incapacitated with brain damage and has been in a vegative state for 7 months. Recovery is un-likey. I am in a custody battle with her parents over my son who is 2 years old. He has lived with them since we divorced over a year ago. I have always supported my ex-wife and son financially, with regular contact and over night stays. What are my chances of custody success? I feel if she cannot care for our son, then I should as his father. I am in full time employment with an owned home, I have a support network of my mother, siblings and partner who also has 2 children, although we live in separate homes. The basis of the grand-parent's case, is to maintain the status quo and hatred of me because I left their daughter. Everyone I speak to cannot believe I cannot at present 'have' my own son given the circumstances. But what are my chances 'legally' of success, does the fact I am the boys father and have always supported him and had regular contact count for nothing?

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