A Mother v A Father

A Mother v A Father

Given the father's repeated sexual abuse of his daughter, his dishonest and unreasonable conduct during and after proceedings, and the significant risk of future harm to the child and mother, it is just to award the mother her full costs of the fact-finding hearing. Further, the exceptional circumstances and paramountcy of the child's welfare require the removal of the father's parental responsibility, as lesser measures would not provide adequate protection.

Parties
Applicant (removal of Parental Responsibility), Respondent (costs): A Mother; Respondent (removal of Parental Responsibility), Applicant (costs): A Father
Jurisdiction
England and Wales
Judgment Date
14 April 2023
Procedural Posture
Private Law Family Proceedings (child Arrangements, Costs, Removal of Parental Responsibility) / Post Fact Finding Hearing; Costs Application; Application to Remove Parental Responsibility
Outcome
Costs awarded to mother; father's parental responsibility terminated.
Legal Topics
Costs in Family Proceedings, Fact Finding Hearings, Parental Responsibility Removal, Child Sexual Abuse Allegations, Welfare of the Child, Proportionality Under ECHR
Family Law Child Law Costs in Family Proceedings Fact Finding Hearings Parental Responsibility Removal Child Sexual Abuse Allegations Welfare of the Child Proportionality Under ECHR

Case Brief

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Parties

A Mother

Applicant (removal of Parental Responsibility), Respondent (costs)

A Father

Respondent (removal of Parental Responsibility), Applicant (costs)

Procedural Posture

Private Law Family Proceedings (child Arrangements, Costs, Removal of Parental Responsibility) / Post Fact Finding Hearing; Costs Application; Application to Remove Parental Responsibility

Legal Issues

  1. 1 Whether costs should be awarded against a parent following a fact-finding hearing in which serious allegations of child sexual abuse are proved
  2. 2 Whether the father's parental responsibility should be removed following findings of sexual abuse

Ratio Decidendi

Given the father's repeated sexual abuse of his daughter, his dishonest and unreasonable conduct during and after proceedings, and the significant risk of future harm to the child and mother, it is just to award the mother her full costs of the fact-finding hearing. Further, the exceptional circumstances and paramountcy of the child's welfare require the removal of the father's parental responsibility, as lesser measures would not provide adequate protection.

Court Disposition

Costs awarded to mother; father's parental responsibility terminated.

Orders

  • Father to pay full costs of the fact-finding hearing, subject to detailed assessment if not agreed, not to be enforced without leave of the court.
  • Father's parental responsibility for the child is terminated under s.4(2A) Children Act 1989.