Child Abandonment and the Law
As much as we as parents would like to convince ourselves that such a problem does not exist, the problem of child abandonment is one that is all too real. For some, the stress and responsibility of being a parent is just too much, and under great emotional stress and turmoil a parent struggling to cope may leave their children unattended.
For others, the responsibility of being a parent – especially at a young age – is too much and the desire to recapture their own lost youth results in a mother or father leaving their child or children alone.
The Law and Child Abandonment
Child abandonment is considered to be the act of leaving of a child on their own without any intention of returning to ensure their safety and wellbeing. It is considered to be among the most serious of offences a parent can commit in relation to their child.Child abandonment is normally discovered if a child or children are left alone for a long period of time and are observed to be behaving in a manner not normally befitting of their behaviour. This may include the children wandering around the area in which they live at peculiar times, asking others as to the whereabouts of their parent or children misbehaving or causing trouble in order to seek attention.
What Happens if a Child is found to be Abandoned
If a child has been abandoned, the law must step in at once in order to secure their safety. The likeliest course of action is for social services to be called in. They will attempt to contact another family member into whose care the child will be placed. This is deemed a temporary measure initially, but in the cases of child abandonment that have documented, this can become a long-term arrangement, especially if the parent does not return or shows no signs of being able to cope.In the absence of any other family, the child will be placed in foster care until a family member can be located or until the courts, in conjunction with social services, make a decision as to what course of action should be taken.
What is the Penalty for Child Abandonment?
The penalty for child abandonment is usually a custodial sentence – especially if it is proven beyond any doubt that the parent responsible was of sound mind at the time of the abandonment. Social services, along with the police and local authority, will normally try to establish if there have been any mitigating circumstances that have lead up to the offence occurring, such as a bereavement, signs of emotional distress or the break-up of a marriage or relationship.If there are signs of such emotional distress, the parent will be required to undergo counselling and also may be instructed to participate in parenting classes while their child is looked after in foster care.
With all parties discussing the circumstances surrounding such abandonment, the parent may be reunited with their children, but may be supervised for a set period of time by social services and welfare officers until it is deemed appropriate to allow them to care for their children unsupervised.
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I have a friend who was abandoned when she was 18 and her 2 sisters were 17 & 8. She couldn’t afford to live on her own nor could she look after her sisters. She and the 17 year old sister were both forced to live with their boyfriends which lead to other parents feeding them. The younger one was put into child care.
Can she sue for child abandonment?
Private - 14-Sep-24 @ 1:09 PM
I was scouting at an u15 football match for a Professional Football Club.
The Manager of the Away team got sent of and left, leaving 3 players without a lift home. They told me the lived in my Town some 7 miles away from a Remote Moorland Location. So i gave them a lift as they had no means oe money to get ome.
Kelo - 12-Feb-24 @ 12:05 AM
Dear,
I am helping a friend prepare a case of child abandonment in England. In what laws can I find what's written on this page? Are there any specific laws cited here?
Thank you.
RB - 5-Oct-23 @ 2:43 PM
My dad abandoned me when I was 11. I was absolutely heartbroken When he never even bothered to contact me in any way. (He also refused to pay child support so I’m not sure if I gain money from that or not) I also had a younger half sister which I adored, but I haven’t seen her for 6 years. I turn 18 later this year in october, and im planning to sue or even put my dad (and stepmum since me and my family members think that she’s behind the reason why my dad abandoned me) in prison. All I just want is an apology. And I need Justice since my mental health has dropped low ever since he abandoned me. I would not wish this pain onto anyone.
Sophie - 1-Jan-23 @ 3:25 AM
My Son, his American wife and daughter moved back to England in May 2021. They lived with us but after five months my Daughter in Law decided she doesnt want to be married or live in England any more . She has been diagnosed with personality disorder. She went back to America on her own in October 2021 and left her daughter with my son.
She has now decided that she wants her daughter full time in America . She has not paid anything to my son as in maintenence.
Where does my son stand as he wants his daughter with him
Lynpy pops - 21-Apr-22 @ 9:54 AM
My ex husband and I are separated. We have been separated since my son was 2. He is now 8 and a half and has had no contact with his biological father since he was 3. So 5 and a half years with nothing, no csa payments, no calls, no visits.
I don't know where my ex is currently living and so can't even divorce him.
He is/was mentally, emotionally and financially abusive with anger issues.
My son still has his bio fathers surname and i want to change it to my maiden name.
I am really struggling to find out what my options are. I really do not want him coming back into our lives due to the abuse. What can I do?!
Please help!!
Nikki - 21-Mar-21 @ 1:06 PM
Hi,
My son is 5. He hasn't seen his real dad since he was 2. Prior to that he was in and out of his life for 9 months then came back then went off again for another 8-9months he went to live elsewhere. I kept contact with his family so my child had his nan in his life, se would have him weekly and pop in for tea, then when her son moved back she just used him for contact and didn't contact myself. I asked her to be there when he had my son because I was told he had a very bad cociane problem just before I found out I was pregnant. Quite afew issues there, he even lost contact with his brother for the same reasons, people after him for money, stole a car and lived with a girlfriend who's friend contacted me for the concerns of my sons welfare as he came to see him one weekend, she said he had been living in a car before he met her which I knew about . He paid on and off for afew months for him. I got in contact with mediation so we could do supervised visits but he didn't even manage to do that! He will randomly call years apart and there is a pattern in how the calls will go, obviously this is all my fault not his! .i have tried everywhere possible for them to have a relationship. No one sees my child on his side anymore. I'm just worried if anything happened to me where would he go. He lives with myself, my partner who he calls dad (he is aware he has a dad that made him, he was not made to call him that he began it by himself we never wanted to correct him if that's what he wanted and felt comfortable doing) he has a baby brother too. I just worry if I died his whole life would be tipped upside down, moved in with people he does not know, not living with his family, going to his school and just general life. Isn't 2 and a half years or so length of time classed as abandonment?Everytime I have tried he lets my son down, he is 5 now I had all the questions I want him secure and happy which he is and I dread to think what could happen, how his little life could be turned upside down if I was not here!
Charl - 12-Mar-21 @ 10:46 AM
My child and I are living with my boyfriend’s parents. I’m 18 and he’s 17 and our daughter is 3 months old. His dad is making it extremely hard to live there and if I leave I can’t take my daughter with me because I was manipulated by his dad into signing paperwork saying I can’t take her. Since my boyfriend is a minor and his dad is very good at ruining people’s lives, what kind of charges can his dad hold against me for leaving my child at their house while I go start another life for me and her? He always threatens that he is going to do everything in his power to make sure I don’t have her and it starts by calling my job to have me fired, taking all of my money, and taking my daughter.
Sue - 17-Feb-21 @ 9:11 PM
Hiya,
My neighbours grandson has been abandoned by both his parents and has no other family that he can live with.
He has just finished high school and he now facing homelessness.
We called places where they can provide emergency housing but all that’s been suggested is that he moves back with his parents.
There are issues with his parents mental health and the reason for why he left but also his parents wanted him to “suffer” for what his done wrong.
What help could he get?
RDEE - 30-Jul-20 @ 5:40 PM
My ex has not seen my daughter since she was 6 weeks old she is now 9. He wouldn’t give her back when she was small so then I went and got a solicitor involved for supervised visits. He did not respond he then moved away to Australia for 3-4 years with a new partner and avoided CSA payments. I am now with someone and have been for the last 8 years and he’s been a father to my daughter. Now we want him on the birth certificate so he has rights to my daughter also and if there was anything ever to happen to me that she would be able to stay in our home with him and her brother which is also what my 9 year old wants but my ex won’t sign any forms to put this in place. What are my best options?
LML - 17-Jul-20 @ 9:59 AM
Me and my ex both have parental responsibility but our 3 childrenlive with me and my partner and their half brother. My ex has refused to pay maintenance for the past 4 months and he is now refusing to let the children stay with him while I take my baby son to Greece to meet his family and be baptised. I can't take all of the children with me because my ex refuses to allow them to have passports. If I leave the country while they're staying at his house could I be in trouble?
LL - 16-Jul-20 @ 1:53 PM
Hi
My wife left me, with my 2 twin daughters, and presently staying in USA. For last 3 years me and my parents are looking after my daughters. She calls my daughters only on their birthdays. She demanded 45k £ after she walked away, saying she will never bother me again.
Now i am planning to move to Australia for good this winter. Recently i was contacted by my wife demanding for another 50k £, if i wants my daughters full custody and move with my daughters to Australia.
It's more then 3 years she never visited my daughters, and now she is claiming for more money. Please advise.
Jojo
Jojo - 8-Jun-20 @ 11:34 PM
My wifes son is 17 and resitting his GCSE's this year and they fall in the time of our one yearly holiday. We have been debating about cancelling our holiday an not going but then our 2 young daughters miss out on a holiday. Our son hasmassive behavioural issues and cannot be trusted to be left at home as he has been know to steal from us and his sisters. His father and Grand parents on that side have done nothing but undermine us in how we treat him. Are we justified in just leaving him with his father without warning (this has been suggested by his social worker)so my wife can get a weeks restbite from him. The social worker stated that as his father is 50 % responsible for his care we are doing nothing wrong but my wife is having doubts as the holiday approaches. Many thanks in advance for any suggestions and thoughts on the situatipn
JJ82 - 27-May-19 @ 2:50 PM
Hi my childs father hasnt seen her since she was 2 as he took her from his mums care without permission, also hes been sent to prison for domestic violence on myself and is a regular drug user. I had to gobto court to get a residence order this was his chance to try get contact, he had to do a course for domestic violence perpotrators he failed! He blamed me for everything, i was not allowed direct contact by send letters and gifts but indirect contact which he still failed to keep up, he then got his mum to apply to the courts by this time my daughter was 4. They refused contact to her because she dropped herself in it that it was for her son, they gave her indirect contact to which she did once. My daughter is now 9 and my husband who has raised her since she was 2 wants to adopt her. He hasnt paid a penny in child msintenance he owes her over £7000. I dont want to start court proceedings if the court is going to give him another chance whichbi feel will happen i just need some advice.
Claire89 - 12-Apr-19 @ 11:09 AM
Hi my childs father hasnt seen her since she was 2 as he took her from his mums care without permission, also hes been sent to prison for domestic violence on myself and is a regular drug user. I had to gobto court to get a residence order this was his chance to try get contact, he had to do a course for domestic violence perpotrators he failed! He blamed me for everything, i was not allowed direct contact by send letters and gifts but indirect contact which he still failed to keep up, he then got his mum to apply to the courts by this time my daughter was 4. They refused contact to her because she dropped herself in it that it was for her son, they gave her indirect contact to which she did once. My daughter is now 9 and my husband who has raised her since she was 2 wants to adopt her. He hasnt paid a penny in child msintenance he owes her over £7000. I dont want to start court proceedings if the court is going to give him another chance whichbi feel will happen i just need some advice.
Claire89 - 12-Apr-19 @ 10:08 AM
i am an approved carer for the local authority, for my 9 year old Grandson. Childrens services allowed Birth mother to take him abroad but when he returned he disclosed that his mother abandoned him in their apartment whilst she and her partner went out, he was distressed so went out to find them. I have reported this to childrens services, they have spoken to grandson who confirmed it all, they then spoke to mother but have not done anything about this, isn't this classed as abandonment? is this a criminal offense?
nan - 2-Nov-18 @ 1:01 PM
Hi my partner has a 4 year old son, i have been Dad to him since he was 6 months after his mother and father split up. His father went through solicitors to set up a visitation plan but even then was seeing him intermittently until the age of 18 months then stopped all contact.
Can we apply to remove his parental responsibility?
If he makes contact to request visitation again can we refuse?
Nico - 27-Oct-18 @ 10:14 AM
Hi we have an adopted son 6 years old. We have had severe threatening and physical behaviour from him since day 1 for 19 months now and recently he has threatened us on several occasions to kill us with a knife. Once he chased with one and another I stopped him going in drawer to get one. Social services were asked 4 weeks ago to remove him but we are still waiting and just found out that it as o my just been referred for a new placement to be found. We have heard about people giving social services 48 /72 hours warning to find the child a placement or they would be dropping g the child of at their office. Is this advisable to do, can't handle the physical violance anymore and can't wait for him to go.
Jo - 1-Sep-18 @ 5:22 PM
My daughter is 6 next week, she’s only seen her dad once this year and that was down to me contacting him if he wanted to see her promised her he’d come down the week after and never turned up, he’s been like this for 4 years even before that he was never interested in her, I was told that I could say something about pleading abandonment but don’t really know anything about it
Mum - 18-Aug-18 @ 3:37 PM
T - Your Question:
Hi, I have been left in a situation I don't have answers to my ex partner has expressed countless times that she is growing resentful of our son (10) and they don't have the best relationship together. The situation is now his mother has left him with me for a week now with no contact to her son or me even after me texting her. I have been to Social work to seek advice and a family lawyer for the same and long story short is that I am told that I could have a lengthy court battle ahead of me which I may not win or we speak amicably and arrange access by both parents. The position I'm left with is that I know there is emotional abuse and that my son is really unhappy staying at his mothers house but I feel I don't have a leg to stand on and my sons feelings are not being taken seriously and feel this would have a real impact on his well being if he was forced to go and stay somewhere he feels makes him sad.
Our Response:
Why would you "not have a leg to stand on"? If the mother is feeling resentful of her son and you want him with you, is the answer not simple? A court would luck favourably on anything that is in the best interests of the child. You also consider apply for shared care. The courts will expect you to have attended mediation before applying for court so it's worth giving this a try. If your ex doesn't turn up at mediation, this will make it easier for you to progress this to court. For now, just keep hold of your son, reassure him that he will be fine and try to maintain some kind of routine in his life.
LawAndParents - 14-Aug-18 @ 2:50 PM
Bazinho - Your Question:
My Portuguese wife's daughter had a baby in England and that baby has a British Birth Certificate.Both parents left England, the father was here for the birth and a couple of weeks for her 1st birthday and that's it, his whereabouts are currently unknown.Her mother went back to Portugal March 2017.My wife, the babies grandmother and myself, her step grandfather, have an arrangement order that gives us responsibility for her and she has lived with us ever since. we have twice tried to obtain a British Passport and have been refused on the grounds that the the child is not a British Citizen.We have been to court several time, once to obtain the Arrangement Order and twice to try and obtain an SGO. The last time we went to court the Judge amended the Arrangement Order as both parents had gone and we have responsibility for the child, which we are very happy about. All we want to do is obtain the said Passport.We seem to be going around in circles.
Our Response:
>It might be worth seeking advice from an organisation such as Family Rights Group who might be able to help more. Unless you have a full residence order or the SGO you're after, it might be a bit more complicated.
LawAndParents - 13-Aug-18 @ 2:28 PM
My Portuguese wife's daughter had a baby in England and that baby has a British Birth Certificate.
Both parents left England, the father was here for the birth and a couple of weeks for her 1st birthday and that's it, his whereabouts are currently unknown.
Her mother went back to Portugal March 2017.
My wife, the babies grandmother and myself, her step grandfather, have an arrangement order that gives us responsibility for her and she has livedwith us ever since. we have twice tried to obtain a British Passport and have been refused on the grounds that the the child is not a British Citizen.
We have been to court several time, once to obtain the Arrangement Order and twice to try and obtain an SGO. The last time we went to court the Judge amended the Arrangement Order as both parents had gone and we have responsibility for the child, which we are very happy about. All we want to do is obtain the said Passport.
We seem to be going around in circles.
Bazinho - 13-Aug-18 @ 10:04 AM
Hi, I have been left in a situation I don't have answers to my ex partner has expressed countless times that she is growing resentful of our son (10) and they don't have the best relationship together. The situation is now his mother has left him with me for a week now with no contact to her son or me even after me texting her. I have been to Social work to seek advice and a family lawyer for the same and long story short is that I am told that I could have a lengthy court battle ahead of me which I may not win or we speak amicably and arrange access by both parents. The position I'm left with is that I know there is emotional abuse and that my son is really unhappy staying at his mothers house but I feel I don't have a leg to stand on and my sons feelings are not being taken seriously and feel this would have a real impact on his well being if he was forced to go and stay somewhere he feels makes him sad.
T - 2-Aug-18 @ 1:33 PM
Hi! I need some help..
My daughter is 4, her biological father (who IS on her birth certificate) hasn't had any contact with myself or my daughter and hasn't paid a penny since she was 11 months old, he hasn't tried at all to contact us, can this be classed as abandonment?
I am looking at my partner adopting her, we have been together for 3 years, & looking to get married, & she calls him dad , but I'm worried that her biological dad will not agree and sign the papers for adoption , he isn't a fit father and I was in a domestic abuse relationship with him... I was put into a refuge due to this. I have a residence order and an order to state no one can take her out of my care without permission (I cannot remember what this order is called)
I also have no idea where he is as he travels alot and moves around finding different girlfriends to live with just to have somewhere to live.
Thank you for your help.
Jo - 21-Jul-18 @ 12:04 AM
My mum ignored me when I was a 5 yr old for her new boyfriend (now husband) and its kinda made me grow up different to other kids. as I grew up, I didn't receive much love from my parents and I wasn't allowed to be as free as any child should be. even now, a good decade later, im still not getting the love parents should give a child. is this a form of child abandonment or am I being overdramatic?
snekysnek - 9-Jul-18 @ 12:46 PM
one of the good dads - Your Question:
I've been separated from my sons mum for over 5 years, never missing a single payment or failing to show up on the time, I see my boy twice for sleep overs in the week then every other weekend. I now live my new fiancé and were due to get married next year, she's a wonderful influence on my sons life and they have a superb bond. My Ex ( aged 27) still lives at home with her parents and recently in the last year has been going out the country (without letting me know) , going out to party's leaving my son with her parents ( his grandparents) am I wrong in thinking this is total lack of responsibility? I have tried to talk to her about it but I get the door closed in my face. I would bend over backwards to have my son more, and have offered to have him extra so she can go out and live her life how she wants too. we recently had to go to hospital with him and he required a operation ( his first one aged 7) and within 5 minutes of us being told about his operation, all she was bothered about was missing her Hair appointment!!! During his stay at hospital, every occasion where only one parent was allowed in the room, I took a step back and offered it to his mum, but every time he would push her away and demand me to be with him and me only. What can I do?
Our Response:
You could ask for more contact or even a residency order if you think that is in your son's best interests. If your ex is not willing to agree, you will need to try mediation and then if no agreement can be reached there apply to the courts for the order.
LawAndParents - 15-May-18 @ 10:47 AM
I've been separated from my sons mum for over 5 years, never missing a single payment or failing to show up on the time, I see my boy twice for sleep overs in the week then every other weekend. I now live my new fiancé and were due to get married next year, she's a wonderful influence on my sons life and they have a superb bond.My Ex ( aged 27) still lives at home with her parents and recently in the last year has been going out the country (without letting me know) , going out to party's leaving my son with her parents ( his grandparents) am I wrong in thinking this is total lack of responsibility? I have tried to talk to her about it but I get the door closed in my face. I would bend over backwards to have my son more, and have offered to have him extra so she can go out and live her life how she wants too. we recently had to go to hospital with him and he required a operation ( his first one aged 7) and within 5 minutes of us being told about his operation, all she was bothered about was missing her Hair appointment!!! During his stay at hospital, every occasion where only one parent was allowed in the room, I took a step back and offeredit to his mum, but every time he would push her away and demand me to be with him and me only. What can I do?
one of the good dads - 11-May-18 @ 7:30 AM
I am being threatened with abandonment if I don't take my violent sucidle daughter home.. she attacked me and her younger sister after smashing the place uo. I have been asking for help for 6 months. CAHMS have been involved but no change if anything she is worse. She is currently staying with her friend (she is 15) and refusing to come home and i need to keep myself and my younger daughter safe! They haven't seen my troubled daughter but have made an assessment that she will be coming home despite the fact I am powerless to keep all three of us safe. The social worker hardly gets in touch and when she does it's via text.
I really don't know what to do
Smiglet - 30-Apr-18 @ 7:00 PM
My daughterleft me her 14 month old 10 years ago never cameback doesn't care about her or to visit her I have had her ever since what legallyrights do I have
My granddaughter isnowgoing to be 11 years old
Tahle - 22-Mar-18 @ 3:36 AM
My son was at school and got sick and the school tried contacting me and my ex-husband and we were both either in meetings or in class and it was 2 or 3 hours before we could call the school back. The principal threatened us that it was child abandonment and that she was going to call DHS if we didn't come and pick him up right away. Is she right? We live in Oregon County School
Mom3 - 14-Mar-18 @ 11:21 PM
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