Miranda Fisher and Hannah Owen write in the Daily Mail's This is Money section on whether you can divorce your parents
min readDisputes between family members can sometimes tear families apart. Whilst couples can divorce and formally divide their finances and assets, can the same apply to parents cutting off their children or vice versa?
In an article for The Daily Mail's 'This is Money' section, Miranda Fisher, Partner and Head of International Family Law, and Hannah Owen, Senior Associate, in our Family team discuss the emotive topic of relationship breakdown between parents and children.
They look at the legal position in England and Wales where "emancipation of minors" is not a recognised concept, shed light on how children are protected and comment on what parental responsibilities remain in this difficult situation when a child wishes to divorce his or her parents or vice versa?
There are frequent media reports of celebrity children cutting ties with their parents, often overseas. As family lawyers that led us to consider the question of whether a child - either a minor child or an adult - can legally divorce their parents?
The short answer is no. This is the case when looking at whether a child can divorce their parents, and also when looking at whether a parent can divorce their child. Except where a child is adopted, parents otherwise retain legal responsibility for their children, and this is most commonly exercised through what is known as 'parental responsibility'.
Nonetheless, even though the legal familial relationship cannot be undone, once a child reaches adulthood they can take practical steps to cut ties with their parents, albeit there is no formal legal process through which to do so.
In the reverse situation, parents of a child continue to have obligations to financially maintain their child regardless of whether or not they have a relationship with them. If they do not provide financial maintenance, they can be compelled to do so by the Child Maintenance Service or by a court order.
Read the full article in This is Money here.
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