D (A Child)

D (A Child)

The judge correctly applied the paramountcy of the child's welfare in deciding to remove the father's parental responsibility. The findings of fact regarding the father's criminal conduct, denial of responsibility, and the emotional harm to D justified the order. The judge's approach was proportionate, and there was no evidence of misuse of the application process. The appeal was dismissed as the judge's analysis and conclusions were unassailable on the facts and law.

Parties
Applicant/respondent: D's Mother; Respondent/appellant: D's Father
Jurisdiction
England and Wales
Judgment Date
26 March 2014
Procedural Posture
Appeal Family Law (parental Responsibility) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Parental Responsibility, Cessation of Parental Responsibility, Children Act 1989, Adoption and Children Act 2002, Human Rights Act 1998, Article 8 ECHR, Section 91(14) Orders
Family Law Child Law Human Rights Parental Responsibility Cessation of Parental Responsibility Children Act 1989 Adoption and Children Act 2002 Human Rights Act 1998 +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 21 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

D's Mother

Applicant/respondent

D's Father

Respondent/appellant

Procedural Posture

Appeal Family Law (parental Responsibility) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the judge erred in removing the father's parental responsibility under section 4(2A) Children Act 1989
  2. 2 Whether the judge failed to consider changes in social norms and legal principles since Re P (Terminating Parental Responsibility) [1995]
  3. 3 Whether the mother discharged the burden of proof regarding allegations of sexual recidivism

Ratio Decidendi

The judge correctly applied the paramountcy of the child's welfare in deciding to remove the father's parental responsibility. The findings of fact regarding the father's criminal conduct, denial of responsibility, and the emotional harm to D justified the order. The judge's approach was proportionate, and there was no evidence of misuse of the application process. The appeal was dismissed as the judge's analysis and conclusions were unassailable on the facts and law.

Court Disposition

Appeal dismissed

Orders

  • The order removing the father's parental responsibility for D is upheld.