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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35078
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Can my x give up his parental responsiblity with out going

Customer Question

Can my x give up his parental responsiblity with out going to court
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Were you ever married to your ex?
What has he done that makes Contact unlikely?
Customer: replied 3 years ago.
We were never married .
My daughter is only 2 years .
I have statements from his x of him breaking her jaw and having her head glued . The relationship before her and was married with a 2 year old . Went through the courts had suprivesed visits . On one of those visits he assaulted the mother . She says the courts orderd he have a mental assment . But we can not find records of this . I'm fighting him in court not to have access . Because if his behaviour. He also hit me I phoned the police but he was never charged as he left no marks .
I want to give him a chance were he gives up parental care for her . And if messes up then that's it. I have the rights not to let him see her . The courts may let him see her . We're about to go to trail . Where they will decide who us telling the truths . But I've got statements of past relationships that he is what I say he is .
Do we have to go to court for him to give up his rights to her . Or can it be done via a solictor . And can I write in that he must still pay child maintance
Expert:  Clare replied 3 years ago.
There is no way that your ex can "give up" his Parental Responsibility for the child.
You can apply to the Court for it to be removed - but in the absence of any abuse to the child or any siblings of the child it is highly unlikely that it will be granted.
Even if it was then he would still be entitled to make further claims for contact
You can read more here
I hope that this is of assistance - please ask if you need further details
Customer: replied 3 years ago.
His 19 year old son also lived with us . One night he came in a punched him while he was asleep then dragged him down stairs and had a knife to his throat . The police were never called . It's just my word against his .
He also bullied my 14. Year old daughter had her in tears most days over sill things like leaving tooth paste in the sink. . And fabricated a story that she left period blood all over the bath room and he had to clean it up . When I told her off . It turned out she wasn't even on a period. .
He ran at her once to hit her and pushed her down . And was screaming on her face and pointing . Does this class as a threat to my daughter and her siblings . Would the courts take this into account and stop him from seeing my 2 year old daughter
Expert:  Clare replied 3 years ago.
It may well relate to contact - it does not amount to sufficient to remove PR