H v A (No. 1) [2015] EWFC 58 (22 June 2015)

H v A (No. 1) [2015] EWFC 58 (22 June 2015)

Given the father's history of extreme violence, ongoing risk, and the grave consequences of any disclosure of the family's location, the court finds it necessary and proportionate to prohibit the father from receiving any information from the children's schools or exercising any aspect of parental responsibility, in order to protect the children's and mother's physical and emotional welfare. The risk of harm outweighs any potential benefit to the children from the father receiving such information.

Citation
[2015] EWFC 58
Parties
Applicant Mother: H; Respondent Father: A
Jurisdiction
England and Wales
Judgment Date
22 June 2015
Procedural Posture
Family Law Children Act Proceedings / Final Judgment on Applications for Prohibited Steps Order and Related Relief
Outcome
Applications granted as set out in the order; comprehensive prohibited steps order made against the father.
Legal Topics
Parental Responsibility, Prohibited Steps Order, Children's Welfare, Indirect Contact, Domestic Violence, Child Protection, Section 91(14) Orders
Family Law Child Protection Parental Responsibility Prohibited Steps Order Children's Welfare Indirect Contact Domestic Violence Section 91(14) Orders

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Parties

H

Applicant Mother

A

Respondent Father

Procedural Posture

Family Law Children Act Proceedings / Final Judgment on Applications for Prohibited Steps Order and Related Relief

Legal Issues

  1. 1 Whether the court has jurisdiction to revoke parental responsibility conferred by s 2(1) Children Act 1989
  2. 2 Whether a prohibited steps order should be made to prevent the father from receiving any information from the children's school
  3. 3 Whether the restrictions on the father's parental responsibility should be comprehensive, including prohibition on indirect contact and information provision

Ratio Decidendi

Given the father's history of extreme violence, ongoing risk, and the grave consequences of any disclosure of the family's location, the court finds it necessary and proportionate to prohibit the father from receiving any information from the children's schools or exercising any aspect of parental responsibility, in order to protect the children's and mother's physical and emotional welfare. The risk of harm outweighs any potential benefit to the children from the father receiving such information.

Court Disposition

Applications granted as set out in the order; comprehensive prohibited steps order made against the father.

Orders

  • The mother is under no obligation to inform or consult with the father regarding the exercise of parental responsibility.
  • The father is prohibited from taking any steps in the exercise of his parental responsibility in respect of each child until the child reaches 18 years.