Removal of parental rights ?

HappyBanana

I am a current active member on MSE but didn't want to ask this under my usual guise ...

I live in Scotland, have a daughter of 3 (nearly 4) her biological Father is absent but sadly he has parental rights due to being on the birth certificate.

My question is simple how do I get his rights removed ?

My reasons for wanting this are as follows he was controlling, manipulative and unsupportive throughout pregnancy. Once daughter was born he took little to do with her. Used her more as a 'trophy' than a child didn't see her but would make out he was the worlds best Father. He has acknowledged her first birthday and first xmas not even so much as a card since then. He has seen her roughly 3-4 times since birth and this was all in the first 14 months of her life (with me doing all the chasing up, arranging, driving to meet him with no effort on his part). He had ALOT of issues growing up with drugs, alcohol, social services etc but when I met him I thought that was indeed the past. The past crept into the present and he was out drinking all the time, taking drugs. Our relationship ended when he became violent with me by strangling me. I saw sense and we finished. Queue abusive texts and phone calls.

He has never had a job and has never contributed financially to her nor does he pay maintenance.

Anyways there has been no contact for over 2 and a half years I do not even know where he lives etc. I have no way to contact him and having been there for my little girl since birth, managed to be a young (19 y.o when she was born) mum continue working full time, advanced through ranks at work and have now bought us a house to live in I want to legally be solely responsible for my Daughter.

So if you have managed to stay awake until now ... where do I start?

jacques_chirac

Unless he consents this will be very difficult. Realistically all you can do is apply to court for a prohibited steps order, which will not remove PR but will stop him exercising his rights. However the chances of this being granted without a valid threat to the child are low, near impossible. They are not going to remove rights simply because you do not want him involved.

Mimi_Arc_en_ciel

As far as i am aware you cannot remove parental responsibility (Someone correct me if i'm wrong!)

You can however - take his !!! to the CSA to make him pay support and request to have a residence order through the courts.

He hasn't bothered for the past 2.5 years, why would he bother now?

Own_My_Own

We're you married to him at the time of conception or after ?


Having PRRs entitles a parent to take key decisions relating to the child, such as where they will live and go to school, and what medical treatment they should receive. In addition, parents have an obligation to provide financial support for their children under the Family Law (Scotland) Act 1985 (c 37) and the Child Support Act 1991 (c 38). In certain circumstances, this obligation continues when the child in question is beyond the age at which the parents have parental responsibilities under section 1 of the 1995 Act. The child’s mother (irrespective of whether she is married to the child’s father (s3(1)(a))) and the child’s father, if he is “married to the mother at the time of the child’s conception or subsequently” (s 3(1)(b)), have automatic rights. In line with Scottish Law Commission proposals in 1992, the Family Law (Scotland) Act 2006 has brought Scots law in line with English law to the extent that an unmarried father will obtain parental rights and responsibilities if he is registered as the father on the birth register. A married father’s PRRs continue after divorce, unless they are specifically removed by a court. If unmarried fathers or stepparents do not have PRRs, they must either make a Section 4 Agreement, or apply to the court under section 11 for rights.

If not he doesn't have them anyway.

Mimi_Arc_en_ciel

Own_My_Own wrote: »

We're you married to him at the time of conception or after ?


Having PRRs entitles a parent to take key decisions relating to the child, such as where they will live and go to school, and what medical treatment they should receive. In addition, parents have an obligation to provide financial support for their children under the Family Law (Scotland) Act 1985 (c 37) and the Child Support Act 1991 (c 38). In certain circumstances, this obligation continues when the child in question is beyond the age at which the parents have parental responsibilities under section 1 of the 1995 Act. The child’s mother (irrespective of whether she is married to the child’s father (s3(1)(a))) and the child’s father, if he is “married to the mother at the time of the child’s conception or subsequently” (s 3(1)(b)), have automatic rights. In line with Scottish Law Commission proposals in 1992, the Family Law (Scotland) Act 2006 has brought Scots law in line with English law to the extent that an unmarried father will obtain parental rights and responsibilities if he is registered as the father on the birth register. A married father’s PRRs continue after divorce, unless they are specifically removed by a court. If unmarried fathers or stepparents do not have PRRs, they must either make a Section 4 Agreement, or apply to the court under section 11 for rights.

If not he doesn't have them anyway.

He's on the birth certificate (OP's original post)... he automatically gets PR

CH27

Why tempt problems?

He's out of your lives & you're both safe. If you go down legal routes or CSA you risk stirring a hornet's nest.

HappyBanana

jacques_chirac wrote: »

They are not going to remove rights simply because you do not want him involved.

I feel thats a unfair comment he does not want to be involved if he did where has he been ? Not to mention the fact he is not a good role model due to the drinking, taking illegal drugs, being arrested for possession of a weapon amongst other exploits

HappyBanana

Mimi_Arc_en_ciel wrote: »

You can however - take his !!! to the CSA to make him pay support and request to have a residence order through the courts.

Sadly due to never having a job he wouldn't even get the automatic £5 per week (WOW) rate to pay his rate would be nil. Last I heard he was now growing illegal subtances to sell. Yet another example of a great role model.

Mimi_Arc_en_ciel wrote: »

He hasn't bothered for the past 2.5 years, why would he bother now?

Exactly my point hence why I want the rights taken off him

clearingout

Mimi_Arc_en_ciel wrote: »

As far as i am aware you cannot remove parental responsibility (Someone correct me if i'm wrong!)

You can however - take his !!! to the CSA to make him pay support and request to have a residence order through the courts.

He hasn't bothered for the past 2.5 years, why would he bother now?

it is possible to get a court to remove parental responsibility but very, very unlikely. I think only in cases where there is a very clear near to protect the child in a way that can't be done via contact centres/supervised contact or if there is some kind of....not sure of the word I'm looking for....if the child is likely to come to harm by being associated with the parent (kind of like having a high profile murdering !!!!!phile as a parent), that kind of thing.

There is little in the OP's post to suggest this. I don't believe with what she has said, parental responsibility will be removed. There are probably hundreds of thousands of children out there with a parent who has physically and emotionally abused the other parent, often with the child watching, but it doesn't stop the courts allowing contact. Indeed, it is considered to be in a child's best interests to grow up knowing both their parents and risk can be minimised through the use of contact centres or by having other people present during contact.

As the father in this case is absent anyway, it seems pretty pointless attempting to remove PR. Far better to ask the courts to intervene should the father reappear and want contact - his prolonged absence and lack of relationship with the child would ensure that the courts order a relationship is built up slowly over time. Slowly enough to bore the father whose motives were to upset the mother rather than reconnect with his child.

HappyBanana

Own_My_Own wrote: »

We're you married to him at the time of conception or after ?

I wasn't but sadly due to a law change in 2007 (from memory) if the Father is on the birth certificate they automatically get PR

clearingout

oh and yes, put the CSA on the case. You have nothing to lose by doing so.