R v P (No 2)

R v P (No 2)

The mother's application to change the child's surname is refused as it does not meet the child's wider welfare interests, and the father remains a risk due to lack of recognition of his past behaviour. The mother is permitted to withhold identifying details regarding the child's school and GP as a proportionate interference with the father's Article 8 rights, given the risks to the child's stability.

Parties
Applicant Father: R; Respondent Mother: P; Child: X
Jurisdiction
England and Wales
Judgment Date
14 March 2019
Procedural Posture
Family / Judgment
Outcome
Mother's application to change surname refused; application to redact identifying details regarding school and GP granted.
Legal Topics
Child Welfare, Change of Surname, Parental Contact, Article 21 Hague Convention, Prohibited Steps Order
Family Law Child Welfare Change of Surname Parental Contact Article 21 Hague Convention Prohibited Steps Order

Case Brief

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Parties

R

Applicant Father

P

Respondent Mother

X

Child

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Whether the mother should be permitted to change the child's surname
  2. 2 Whether the father should receive identifying information about the child's school and general practitioner

Ratio Decidendi

The mother's application to change the child's surname is refused as it does not meet the child's wider welfare interests, and the father remains a risk due to lack of recognition of his past behaviour. The mother is permitted to withhold identifying details regarding the child's school and GP as a proportionate interference with the father's Article 8 rights, given the risks to the child's stability.

Court Disposition

Mother's application to change surname refused; application to redact identifying details regarding school and GP granted.

Orders

  • Mother's application to change child's surname refused.
  • Mother permitted to withhold identifying details regarding child's school and GP.