H (A Child), Re [2002] EWCA Civ 542 (15 April 2002)

H (A Child), Re [2002] EWCA Civ 542 (15 April 2002)

The judge failed to sufficiently distinguish between the applications for contact and parental responsibility and did not adequately apply the principles from Re: C and V. The development of case law and policy supports granting parental responsibility as an acknowledgment of status, provided appropriate safeguards are in place for the child's and mother's welfare.

Citation
[2002] EWCA Civ 542
Parties
Subject: H (A child); Applicant's Advocate: Ms C Twydell; Respondent's Advocate: Miss J Spratt-Dawson
Jurisdiction
England and Wales
Judgment Date
15 April 2002
Procedural Posture
Family Law Appeal / Appeal From County Court Judgment
Outcome
Appeal allowed in part
Legal Topics
Parental Responsibility, Child Contact, Welfare of the Child
Family Law Parental Responsibility Child Contact Welfare of the Child

Case Brief

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Parties

H (A child)

Subject

Ms C Twydell

Applicant's Advocate

Miss J Spratt-Dawson

Respondent's Advocate

Procedural Posture

Family Law Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the father should be granted parental responsibility for the child
  2. 2 Whether the refusal of contact and parental responsibility was justified

Ratio Decidendi

The judge failed to sufficiently distinguish between the applications for contact and parental responsibility and did not adequately apply the principles from Re: C and V. The development of case law and policy supports granting parental responsibility as an acknowledgment of status, provided appropriate safeguards are in place for the child's and mother's welfare.

Court Disposition

Appeal allowed in part

Orders

  • Application for parental responsibility granted to the father, subject to a specific issue order granting the mother sole responsibility for medical decisions.
  • Prohibited steps order preventing the father from locating or attempting to locate the child's address.