PM v MB & Anor [2013] EWCA Civ 969 (31 July 2013)

PM v MB & Anor [2013] EWCA Civ 969 (31 July 2013)

The judge was entitled to refuse parental responsibility due to cogent evidence of likely misuse and detriment to the child's welfare, and to impose a section 91(14) order as a proportionate response to protect the child and mother from unacceptable strain.

Citation
[2013] EWCA Civ 969
Parties
Appellant Father: PM; First Respondent Mother: MB; Second Respondent Child: M (A Child)
Jurisdiction
England and Wales
Judgment Date
31 July 2013
Procedural Posture
Appeal / Judgment on Appeal From Sheffield County Court
Outcome
Appeal dismissed
Legal Topics
Parental Responsibility, Child Contact, Section 91(14) Children Act 1989, Welfare of the Child
Family Law Parental Responsibility Child Contact Section 91(14) Children Act 1989 Welfare of the Child

Case Brief

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Parties

PM

Appellant Father

MB

First Respondent Mother

M (A Child)

Second Respondent Child

Procedural Posture

Appeal / Judgment on Appeal From Sheffield County Court

Legal Issues

  1. 1 Whether the father should be granted parental responsibility
  2. 2 Whether a section 91(14) order barring further applications should be imposed

Ratio Decidendi

The judge was entitled to refuse parental responsibility due to cogent evidence of likely misuse and detriment to the child's welfare, and to impose a section 91(14) order as a proportionate response to protect the child and mother from unacceptable strain.

Court Disposition

Appeal dismissed

Orders

  • Refusal of parental responsibility to father
  • Section 91(14) order barring father from making further applications under Children Act 1989 for two years