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SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 4493
Experience:  LLB (Hons)
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I was wondering what the process would be to have my

Customer Question

Hi, i was wondering what the process would be to have my children's father sign over his parental responsibility? He is an absent father, now refusing to pay CSA and has no contact. We are not married but he is on the birth certificate. I would like to propose to him to hand over his parental rights and i will not continue with CSA payments. I just wanted to know where i stood on this and if he agreed to, would it be an easy process with the courts. Thank you
JA: What steps has the father taken? Has he filed any papers in family court?
Customer: no
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does the father live in?
Customer: He is in Harrow, middlesex.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No i think that is it, thank you
Submitted: 17 days ago.
Category: Family Law
Expert:  SASH_Law replied 17 days ago.

Hi, I’m Lea and I will be assisting you with your query today.

I am very sorry to hear about your dilemma, but will do my best to provide you with advice and guidance on what to do next. Unfortunately the courts are extremely unlikely to remove parental responsibility, even from an absent parent, so the chances of you securing this are virtually nil. If you wish to proceed, you would apply on form C1 - cost is £215.

The reasons for wanting to remove the PR need to be exceptional or extreme, and what you have mentioned is neither of those. It can only be removed from a father who acquired it by a parental agreement or via a court order - if he was named on the birth certificate at the time of registration, it cannot be removed.

Lots of parents don't pay child support - there are ways to pursue that if you wish to. Contact the CMS, make a claim, and then have them enforce it through one of their various methods.

The father cannot sign away his PR either - so even if he chose to sign a document, it is not legally binding. Though if your aim is to just get him not to try to have any influence on the child's life, it may work, especially if you say he can negate paying child maintenance. That said, given it has no legal standing, the agreement won't stop you applying to the CMS, so may not encourage the father to agree not to exercise his PR.

Be aware too, that making an application to court may open a can of worms and the father may decide to get involved in the child's life, causing the opposite effect to what you want to achieve.

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Customer: replied 17 days ago.
Thank you, ***** ***** is supposed to pay child maintenance through CMS but has failed to do so. i can proceed with direct pay but wanted to explore different options. Just to be clear, if the father wanted to hand over his PR would this be approved by the courts?
Expert:  SASH_Law replied 17 days ago.

No, it would not be approved by the courts.

Expert:  SASH_Law replied 17 days ago.

Can I clarify anything for you?