Can a parent give up their parental rights?

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A parent generally cannot simply give up their parental responsibility by choice, as this is considered a fundamental legal obligation. There are some limited circumstances where parental rights and responsibility can be terminated or removed.

A mother will lose parental responsibility if their child is placed for adoption. When a child is legally adopted, both biological parents will lose parental responsibility.

A court can terminate parental responsibility in exceptional circumstances, such as long-term abuse or neglect of the child, or if a parent poses a serious risk to a child’s safety and welfare.

If there are concerns about a parents involvement, a court may choose to restrict how parental responsibility is exercised, rather than remove it entirely.

Are you in a silent marriage?

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A silent marriage also described as a “silent divorce” refers to a relationship where a couple essentially live together, but apart. The couple have become emotionally, physically, and psychologically disengaged.

The key signs of a silent marriage include:

Emotional distance and indifference where the couple act more like roommates than romantic partners with little or no interest in the life of the other.

A lack of communication. Meaningful conversations are replaced by discussions limited to practical matters, and only when necessary.

Avoidance and apathy – An absence of arguments or disagreements, and no common goals, shared dreams, or plans for the future.

An absence of affection, physical intimacy, or efforts to nurture the relationship.

Finally, the couple will invest and engage less in the relationship, with each person deliberately spending time away from the other, and doing their own thing.

When to use a Heads of Agreement in divorce?

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A Heads of Agreement is a document that is used to record the terms of agreement reached by divorcing spouses during negotiations over financial and property settlement. The purpose of the document is to provide a roadmap for finalising the agreement into a legally binding settlement by stating the intentions of both parties.

This is important when a divorce is in its early stages, and it is not possible to present a Consent Order to the Court as the Conditional Order has not yet been pronounced. By documenting the agreed terms early in the process, a Heads of Agreement can help avoid protracted disputes, and protects the interests of both parties.

What are the signs of post separation abuse?

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Post separation abuse refers to continuing or escalating abusive behaviours by an ex-partner after a relationship has ended. Abusers can use tactics to harm their ex-partner directly, while other tactics may be indirect, such as using children to harm the victim. Some signs of post-separation abuse include:

Coercive control – This is a form of domestic abuse that isn’t always physical. It involves a pattern of acts used to dominate, intimidate, frighten, and control another person. These include insults, threats and isolation.

Counter-parenting – This is where the abuser undermines the parenting of the victim. It can include alienating the child against the victim, refusing to comply with Court Orders or parenting arrangements, or bad-mouthing the victim.

Financial abuse involves the control of money, finances, and resources with the aim of limiting the victim’s independence. This could include withholding child maintenance, or repeated legal proceedings so the victim racks up large legal fees to drain their financial resources.

Using technology to control, intimidate, coerce, threaten, or harm the victim. This can include using spyware, harassing the victim with a large number of calls, emails, or messages, or threatening to publish intimate images.

Stalking by using surveillance, or apps to monitor the victims location or activities.

Do men always come out worse in divorce?

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The law in England and Wales is gender-neutral and aims to be fair and balanced, focusing on the needs of both parties. If both parties to a marriage or civil partnership have similar backgrounds, needs and income the starting and finishing point of the division of assets will usually be an equal split.

Financial settlements in divorce cases are determined by legal principles and factors such as the financial needs of both parties, the length of the marriage, the contributions made by both parties, and individual circumstances. The goal is to achieve a fair and equitable distribution rather than favouring one spouse over the other.

What is Walkaway Wife Syndrome?

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Walkaway Wife Syndrome describes a phenomenon where a wife decides to leave the relationship after feeling emotionally neglected following years of built-up resentment, neglect, loneliness, and unmet needs.

For many husband’s they feel surprised and caught off-guard by the wifes departure. However for the wives, the decision is usually after many months, or years of contemplating the decision, and preparing themselves mentally, and financially.

Walkaway Wife Syndrome usually occurs after unsuccessful attempts to repair the marriage, and requests for change are repeatedly dismissed or ignored. The syndrome is not exclusive to one gender, and the feelings of neglect and not being appreciated can apply equally to husbands.

How narcissists use children to coerce and control.

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Narcissists frequently use children as tools to exert power and control over their victims, both during, and after a relationship has ended. Common tactics used by narcissists include:

A narcissist will often threaten to remove a child from the care of their victim, or say the victim will never see the child again if they try to leave the relationship.

After a relationship has ended, the narcissist may use contact arrangements to continue to exert dominance and control. This could include making last-minute changes to agreed contact schedules to disrupt the victim’s plans, or refusing to cooperate with co-parenting issues.

The narcissist may try to turn the child against the victim by bad-mouthing or blaming the other parent for the family split, telling lies, or presenting themselves as the better parent.

The narcissist may discuss inappropriate adult matters with the child, or pressure the child to report on the other parents activities.

A narcissist may portray themselves as victims to elicit sympathy from their child, or place the child in the position where they feel compelled to care for the narcissistic parents emotional needs.

All of these behaviours are not only manipulative, but deeply damaging psychologically to both the child and the other parent.

What is the Express Financial Remedy procedure?

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The Express Financial Remedy Procedure is a pilot scheme introduced in selected family courts from April 2025, for straightforward financial cases arising from divorce or dissolution. It aims to be faster, more cost-effective, and less stressful for participants.

The procedure applies to cases where the combined net assets (excluding pensions) of both parties are 250,000 or less, and can be used where the main asset is equity in a property.

The procedure is a fast-track process where the traditional three-stage financial remedy process is reduced to two main hearings where Judges take a more active role in managing the case and encouraging settlement. The aim is to resolve cases within 6 to 7 months from the start.

Is a Statement of Truth legally binding?

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A Statement of Truth in family proceedings is a legally binding declaration confirming that the person signing the document believes the facts stated within are true. The purpose of a Statement of Truth is to ensure the integrity of the information presented as evidence to the Court.

Evidence and information contained in a document not verified by a signed Statement of Truth, may not be relied upon. If a person knowingly makes a false statement, or causes one to be made, they can be found to be in contempt of court.

Contempt of Court is a criminal offence punishable by fines or imprisonment.

Can an absent father lose parental rights?

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A father does not automatically lose parental rights simply due to being absent, or not being involved in a child’s life. An absent father will continue to have Parental responsibility to his child unless a court order removes it.

Reasons for terminating Parental Responsibility are exceptional and include serious harm or abuse to the child, a conviction by the father of a serious crime, neglect, or abandonment, or the child being given up for adoption.

Terminating parental responsibility is a rare legal step, and only taken where it is deemed to be in the best interests of the child.

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The Family Law Specialists is the trading name of The Family Law Specialists Limited, a private limited company registered in England & Wales under company number 15318261 with the registered office at, 128 City Road, London, EC1V 2NX. We do not accept service of proceedings. © The Family Law Specialists. All rights reserved.

This website is not intended to offer legal advice so do not act upon any of its content without taking specific advice.

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