What circumstances could lead to a parent successfully removing parental responsibility from the other parent?

In a rare and significant decision, the High Court has removed the rights of a father by removing parental responsibility after years of litigation, breaches of court orders and behaviour that placed both the mother and child at risk. The case of The Mother v KN and Another [2025] EWHC 2119 (Fam), decided by Mrs Justice Lieven, highlights the court’s overriding duty to protect a child’s welfare, even where this requires one parent’s legal rights to be permanently ended.

Background to the Case

The mother applied to the court seeking three key outcomes. First, she asked for the father’s parental responsibility to be removed. Secondly, she requested that all direct contact between the father and the child, who is only six years old, should cease. Lastly, she sought a section 91(14) Children Act 1989 order, which would prevent the father from making further court applications without permission until the child turned 16.
The child’s guardian supported the mother’s application.
The mother had a history of mental health vulnerabilities and gave clear evidence of the fear and distress caused by the father’s actions. Her concerns were not only for her own safety but also for the child’s wellbeing.

Father’s Behaviour and Court Concerns

Over several years, the father repeatedly breached court orders and demonstrated behaviour that undermined the child’s welfare. One of the most striking examples was his attempt to send the child an iPad that contained a tracking device. This allowed him to monitor the child’s location. He also behaved aggressively and persistently tried to get around restrictions imposed by the court. The judge found that his actions caused real emotional harm to the mother, which in turn had a direct impact on the child’s stability and security.

The Child’s Needs

The court placed particular emphasis on the child’s circumstances. The child had been diagnosed with autism and struggled with emotional dysregulation. For this reason, the guardian stressed the need for calm, consistent and safe parenting. The court accepted that the father’s behaviour created insecurity and risk. This directly conflicted with the child’s welfare needs.

The Father’s Arguments

The father argued that he enjoyed safe and positive contact with other children. He denied that his behaviour was intended to cause harm. However, the court was not persuaded. Mrs Justice Lieven concluded that his pattern of behaviour showed a consistent disregard for court orders and a failure to place the child’s best interests first.

The Court’s Decision

The judge concluded that the threshold was met. The child had only a limited relationship with the father. The mother required stability and protection from ongoing distress. The father’s repeated breaches and manipulative behaviour posed continuing risks. As a result, the court made the following orders:

• The father’s parental responsibility was removed.
• The child arrangements order was varied so that contact would be limited to annual indirect contact via PO Box.
• The existing non-molestation order was extended.
• A section 91(14) bar was imposed, preventing the father from making further applications until the child turns 16.

The court, however, declined to make a prohibited steps order or a civil restraint order.

Why This Case Matters

This decision is a strong reminder that the court’s focus is always on the welfare of the child. While parental responsibility is a fundamental legal right, it can be removed where a parent persistently breaches orders, causes harm, or undermines the child’s stability. The case also demonstrates the additional care courts will take when a child has vulnerabilities. Such as autism, that make security and calm parenting especially important.

How We Can Help

At Hunter and Uro Solicitors, our experienced family law solicitors regularly advise parents on complex cases involving child arrangements orders, parental responsibility, and applications under section 91(14) of the Children Act 1989.
If you are concerned about your child’s welfare, or if you need advice we can provide clear, practical guidance tailored to your situation.

📞 Contact us today on 01234 889777 to book in for a free 30-minute confidential consultation with one of our family law specialists.