How does someone lose parental responsibility?
Parental responsibility can only be terminated by the Court and this usually only happens if a child is adopted or the Court discharges an Order that resulted in parental responsibility being acquired.
In most cases, parental responsibility is awarded to unmarried fathers and is only refused in exceptional circumstances, for example, where a father poses a significant risk to his child. The courts consider the following factors as important in deciding whether to grant a Parental Responsibility Order.
The courts generally take the view that it will further a child's welfare to have both parents involved in the child's life, unless shown otherwise. Is it possible to lose PR? Biological mothers and biological fathers who are married to the mother can only lose PR if the child is adopted.
Pre-Court Proceedings
If the child is on a Child Protection Plan or the pre-proceedings protocol has been initiated, there is no legal mechanism by which Social Services can prevent a parent from having contact with their child.
Parental responsibility can only be terminated by the court. This usually only happens if a child is adopted or the father's behaviour warrants the removal of parental responsibility.
The biggest conflict usually centres around access, which in most cases needs to be determined either through mediation or through a court order. The bottom line is that whether a parent is absent for six months or six years, the rights of both the mother (through Parental Responsibility) and the father do not change.
A mother automatically has parental responsibility for her child from birth. A father usually has parental responsibility if he's either: married to the child's mother.
However, it remains a common misconception that mothers have more rights than fathers. In fact, if each parent has parental responsibility for a child, their rights and responsibilities are equal.
A child's mother automatically has parental responsibility and does not lose it if she and the child's father separate, whether or not they were married. A father who is married to, or the civil partner of the child's mother when the child is born will automatically have parental responsibility.
It doesn't matter how long the father has been absent from the life of his child, as parental responsibility is not lost by the operation of law unless the absence without a trace is for at least six years or more, when the absent father with parental responsibility may be presumed to have died.
Can a biological father be denied access to his child?
If the mother has denied the father access to their child, an unmarried father can exercise his rights by applying for care and/or contact rights at the Children's Court. Guardianship rights must be lodged at the High Court.
Do I have any responsibilities for my child even though I do not have Parental Responsibility? The law treats Parental Responsibility and child maintenance as being completely separate. An unmarried father who does not have Parental Responsibility still has a duty towards his child to provide child support maintenance.
What are the common reasons social services would want to remove a child from a family? There are many reasons why a child could be removed from their home and placed outside of family and friends, but common reasons include abuse, neglect, illness, or abandonment.
The judge is likely unless he or she considers that the evidence before the court suggests otherwise to take full account of the recommendations made by children's services and the guardian.
What Social Services Cannot Do. Social services cannot remove your child from your home without an order by the court, your consent, or a Police Protection Order. Additionally, social services cannot decide what will happen to your child or place your child in permanent foster care without a court's decision.
To terminate a father's parental responsibility for his child you will need to make a court application and the judge will assess whether the father's behaviour is exceptional and justifies the termination of his parental responsibility as the order is in your child's best interests.
...
What are valid reasons to stop a father's access to a child?
- criminal activity.
- domestic abuse.
- drug/alcohol misuse.
- any other inappropriate behaviour that puts your child at risk.
You will need to prove that the man currently named on the certificate is not the natural father of the child. You will have to produce a recognised DNA test report or a court order which either excludes the man named of the certificate from paternity or confirms the name of the true biological father.
Parental responsibility will only ever be removed in very specific circumstances. A mother of a child can only lose parental responsibility for her child if the child is adopted. Fathers also have significant rights when it comes to their parental responsibilities.
Is the court order necessary for preventing Child Contact? Unless it is an immediate/urgent situation, in general, yes in order to prevent the other parent from accessing the child you have to get a Prohibited Steps Order.
Can I change my child's surname if father is absent?
It's possible to change your child's name by deed poll if the father is absent. If dad is absent from your child/children's life, it's possible to change your child's/children's names by deed poll.
- Providing a safe living environment.
- Protecting the childen from abuse and other dangers.
- Paying child support as ordered.
- Fulfilling the children's basic needs (food, water, shelter)
- Disciplining the children.
- Investing in the children's education.
- Knowing the children's interests.
Parental responsibility comes to an end when you reach the age of 18. However, the older you are, the more you will have a say in these decisions. For more information, see: Disagreements about major decisions.
Parental responsibility means the legal rights, duties, powers, responsibilities and authority a parent has for a child and the child's property. A person who has parental responsibility for a child has the right to make decisions about their care and upbringing.
They are: Non-discrimination (Article 2) Best interest of the child (Article 3) Right to life survival and development (Article 6)