Z and Y (Leave to Withdraw Application for a Parental Order) [2019] EWFC 43 (18 June 2019)

Z and Y (Leave to Withdraw Application for a Parental Order) [2019] EWFC 43 (18 June 2019)

Permission to withdraw the application for a parental order is granted because the applicants are unwilling to proceed, there are evidential gaps preventing the making of a parental order, and the welfare of the children can be secured by existing child arrangements and a parental responsibility order under s 4 Children Act 1989.

Citation
[2019] EWFC 43
Parties
1st Applicant: Mr Z; 2nd Applicant: Ms Y; 1st Respondent: Ms X; 2nd & 3rd Respondents: The Children (Through their Children's Guardian John Power)
Jurisdiction
England and Wales
Judgment Date
18 June 2019
Procedural Posture
Parental Order Application (family Law) / Application for Leave to Withdraw Parental Order Application
Outcome
Permission granted for withdrawal of parental order application.
Legal Topics
Parental Orders, Withdrawal of Application, Parental Responsibility, Child Arrangements Orders, Surrogacy Arrangements
Family Law Child Law Surrogacy Parental Orders Withdrawal of Application Parental Responsibility Child Arrangements Orders Surrogacy Arrangements

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Parties

Mr Z

1st Applicant

Ms Y

2nd Applicant

Ms X

1st Respondent

The Children (Through their Children's Guardian John Power)

2nd & 3rd Respondents

Procedural Posture

Parental Order Application (family Law) / Application for Leave to Withdraw Parental Order Application

Legal Issues

  1. 1 Whether to grant permission for applicants to withdraw their application for a parental order
  2. 2 Implications for children's welfare and legal status if parental order is not made
  3. 3 Whether to make a parental responsibility order under s 4 Children Act 1989

Ratio Decidendi

Permission to withdraw the application for a parental order is granted because the applicants are unwilling to proceed, there are evidential gaps preventing the making of a parental order, and the welfare of the children can be secured by existing child arrangements and a parental responsibility order under s 4 Children Act 1989.

Court Disposition

Permission granted for withdrawal of parental order application.

Orders

  • Permission granted for applicants to withdraw their application for a parental order.
  • Parental responsibility order under s 4 Children Act 1989 to be made in favour of Mr Z.