A Father’s parental rights aren’t always clear.
So, if you are ever in a situation where you feel your child is unsafe or at risk in their mother’s care, it can be difficult to know what to do.
In this article, Family Solicitor Bryony Spicer breaks down your options…
Can a father take his child from the care of the mother in the UK?
Whether a father can take his child from the mother depends on a variety of factors. Below, we’ve outlined the rights of both married and unmarried fathers.
Unmarried Fathers
If the father is not married/has never been married to the child’s mother, then they do not automatically have parental responsibility.
This means that they do not have the authority to make major decisions regarding the child’s life, such as the decision to take them from their mother.
However, an unmarried father can get parental responsibility, and therefore be able to make such decisions, if they:
- Obtain a Parental Responsibility Order from Court,
- Enter into a Parental Responsibility Agreement with the child’s mother, or
- Are registered and named on the child’s birth certificate.
Read our dedicated article for unmarried fathers here.
Married Fathers & Dad’s with Parental Responsibility
A father with Parental Responsibility, whether married or unmarried, can seek a Child Arrangement Order, or Emergency Order, from Court if the child’s safety and/or welfare is at risk when with their mother.
This is the only reason why a father would be allowed to take their child away from the mother’s care.
A child arrangements order will determine who the child should live and spend time with. If you already have one in place, it can be altered in such situations.
An emergency order may be granted where there are serious and extreme concerns for the child’s safety, and would temporarily take the child away from the mother until a decision over their care is reached.
Related: What is parental responsibility and who has it?
Crucial Information
It’s important to note that a father can only take their child away from the mother once the Court explicitly confirms so through a Child Arrangements Order.
Taking your child from the mother without this order in place is a criminal offence.
Find out more about how child arrangement orders work and how to apply here.
Legal Advice
At Frettens, we understand that everyone’s circumstances are different.
Our bright & experienced Family Team would be happy to talk to you to gain a better understanding of your situation and provide more tailored advice and support.
We offer a free chat with one of our family lawyers for all new clients. You can call us on 01202 499255 or fill out the form at the top of this page to get in touch.
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