H v A (No. 1)

H v A (No. 1)

Given the father's history of serious violence, ongoing risk, and the grave consequences of any disclosure of the children's location, the children's welfare and safety require a comprehensive prohibition on the father's exercise of parental responsibility, including receiving any information from the children's schools. The risk of accidental disclosure and resulting harm outweighs any potential benefit to the children from the father receiving such information. The order is proportionate and justified in these exceptional circumstances.

Parties
Applicant Mother: H; Respondent Father: A
Jurisdiction
England and Wales
Judgment Date
22 June 2015
Procedural Posture
Family Law Children / Judgment After Contested Application
Outcome
Application granted. Comprehensive prohibited steps order made.
Legal Topics
Parental Responsibility, Prohibited Steps Orders, Children's Welfare, Domestic Violence, Contact Orders
Family Law Child Protection Parental Responsibility Prohibited Steps Orders Children's Welfare Domestic Violence Contact Orders

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Parties

H

Applicant Mother

A

Respondent Father

Procedural Posture

Family Law Children / Judgment After Contested Application

Legal Issues

  1. 1 Whether the father should be prohibited from exercising parental responsibility, including receiving any information from the children's school
  2. 2 Whether a prohibited steps order should be made to prevent the father from obtaining information about the children

Ratio Decidendi

Given the father's history of serious violence, ongoing risk, and the grave consequences of any disclosure of the children's location, the children's welfare and safety require a comprehensive prohibition on the father's exercise of parental responsibility, including receiving any information from the children's schools. The risk of accidental disclosure and resulting harm outweighs any potential benefit to the children from the father receiving such information. The order is proportionate and justified in these exceptional circumstances.

Court Disposition

Application granted. Comprehensive prohibited steps order made.

Orders

  • The mother is under no obligation to inform or consult the father regarding the children.
  • 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.