Before we look at that question, let’s just check what we actually mean, legally speaking, about parental responsibility (“PR” for short).

The Children Act 1989 says:

PR means “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property”. It might say “his” but does mean all children, not only boys.

It ranges from the little decisions the people caring for a child make to look after that child from what they have for breakfast or which pair of shoes they wear right through the big decisions about which school they go to, what religion they are raised within or what medical treatment they have. For more information about the scope of parental responsibility, read our article Parental responsibility: its scope and potential for removal

It isn’t just Mums and Dads who hold PR for a child – there are a whole host of people who can share that PR for a child but for the sake of this article, we will focus on parents with PR.

PR isn’t necessarily automatically granted. For a child born and registered in the UK, the parent who gives birth to the child (let’s call them “Mum”) has PR immediately. The other parent (let’s call them “Dad”) has PR if they are either married to Mum at the birth or are named on the birth certificate or, if not named, marry Mum later on and then acquire it. Second female parents also acquire PR if married/civil partners with the parent who has given birth.

PR can be agreed between the parents if Dad wasn’t registered on the birth certificate.

PR can be shared with a step-parent as long as Mum and Dad both agree to this step – Mum and Dad both keep their PR.

PR can also be granted by the Court – most commonly seen when Dad was not named on the birth certificate and seeks it. It’s also seen where someone other than the parents are caring for a child and need the ability to make decisions for them – common examples are grandparents caring for the child, special guardians and the local authority (under care orders).

There are other arrangements linked to surrogacy and parental orders but that’s a topic for another day.

So, can PR be lost or removed?

Yes, it can be removed in certain circumstances. It is not lost just because parents/carers end their relationship whether that’s a divorce, dissolution or cohabitation breakdown.

It ends automatically when a child reaches 18 anyway.

It might end automatically if linked to a court order – perhaps a child living with grandparents for a time sees them have PR until the child no longer lives with them (Mum and Dad would keep PR as well here).

At the moment, PR is lost or removed in these main ways legally:

1. If a child is adopted then the parents or carers who held PR lose it when the child is adopted as the adoptive parents then hold the PR.
2. If a child is adopted by a step-parent (let’s say “Step-dad”), then one parent (most commonly Dad if it’s Step-dad obtaining the order) loses their PR (as the child is effectively adopted by the step-parent, although the remaining parent (Mum) keeps their PR).
3. If the court makes an order removing the PR against the wishes of the person who holds it – this is very rare and where it has been done, it has only been in connection to the father in very specific circumstances such as extreme violence/abuse towards the child in question.
4. On the application of an unmarried father, a second female parent or a step-parent with PR to discharge their PR.

What if PR cannot be removed?

In many cases, even when the Court cannot formally remove PR—such as where the parent acquired it by being married to the child’s mother or by being listed on the birth certificate—it can still impose orders that limit how PR is used. For example:

• Prohibited Steps Orders can prevent a parent from taking certain actions, like taking the child abroad or changing their school.
• Specific Issue Orders can dictate how particular aspects of PR (like medical treatment or education) are to be exercised.
• Child Arrangements Orders can restrict or entirely suspend one parent spending time with (“contact”) with the child if that is necessary for the child’s safety and welfare.

These legal tools can enable the Court to effectively limit the exercise of PR without formally removing it.

Convictions and the limits of the current law

Importantly, under current legislation, a parent cannot automatically lose PR as a result of serious criminal convictions—including for sexual offences or even child rape. This has been a subject of public concern and legal challenge.

However, the law in this area is evolving.

The previous Government announced proposals that would automatically strip PR from convicted child rapists, subject to judicial oversight. This initiative aims to better protect children from harmful ongoing ties to abusive parents. It’s been suspended for now, but the current Government may revisit it.

“Jade’s Law” has also been in the news and refers to a campaign for legislation which refers to the automatic suspension of Dad’s PR where he has been convicted of killing Mum (or vice versa) so that the bereaved family now caring for a child do not have to run the big decision issues past the person who killed the other parent.

As with any serious family law matter, please speak to one of our experts here at Geldards LLP.