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Getting back parental responsibility

9 replies

Creakycreek · 26/06/2018 21:36

A father signed away his parental responsibility 5 years ago. This was when the mother and father had a huge falling out, court involved and the father signed it as he was doing anything he could to see his child.

The mother and father soon got back together but now she is moving away (6 hours drive).

Is parental responsibility something you can get back through the courts? Both father and child are extremely upset about the move.

Obviously there is lots more to the story but I’ve tried to keep it short.

OP posts:
Notsurprisedatall · 26/06/2018 21:51

You can go back to court to apply for it or if the mother agrees, you can sign a PR agreement (forms on gov.UK) and send it off after getting your signature witnessed and the mothers at a court office.

Racmactac · 26/06/2018 21:53

How exactly did he sign his PR away?

Creakycreek · 26/06/2018 22:17

He said he signed some papers at the court when cafcass were going between the two rooms before they went before the judge.

There’s no way she would agree to it. She is off to start a new life and will be difficult about contact even though she has told the child that Daddy will be joining them soon.

OP posts:
Notsurprisedatall · 26/06/2018 22:35

Then applying to court is the only way, but if it was in the last few years I am doubtful the court will be pleased to see them again. But they do give it to fathers very easily

Creakycreek · 26/06/2018 22:44

The case was a joke, she made a load of aligations, he had alcohol testing, went to a contact center. Then they got back together. She wants him to jump through her hoops which he does everytime.
Now she’s decided to move so far away I think there needs to be legal contact in place.

OP posts:
Collaborate · 26/06/2018 23:19

I'm not sure you can be sure that he signed away his PR. It takes a hell of a a lot to be able to get a court to remove a father's PR. Were they married? Was he on the birth certificate?

prh47bridge · 26/06/2018 23:20

I am unclear as to what has happened here. It is not possible for a father to sign away his parental responsibility. If he gained parental responsibility through being named as the father on the birth certificate, or through a parental responsibility or a court order, the courts could remove his parental responsibility with a court order. If he was married to the mother the only way he can lose parental responsibility is if the child was adopted.

As far as I can see the child has not been adopted. So, unless there was a court order taking away his PR, he still has PR.

Regardless of whether or not he has PR, he could go to court and try to get a specific issue order to stop her from moving away with his son. If she is moving to make contact difficult he could succeed.

Notsurprisedatall · 27/06/2018 04:56

Sounds like a consent order to remove PR.

Candyflip · 27/06/2018 05:03

This is not the full story OP. You don’t “sign away” parental responsibility when you are trying to see the child. I think he is lying to you.

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