D (Aged 2), In the Matter Of [2023] EWFC 333 (10 November 2023)

D (Aged 2), In the Matter Of [2023] EWFC 333 (10 November 2023)

The court refused A's applications for parental responsibility, change of name, declaration of parentage, and direct contact, finding these were not in D's best interests due to the risk of emotional harm, conflict, and A's controlling behaviour. The court granted C a live with order and parental responsibility, recognising her role as a primary caregiver. An order for indirect (letterbox) contact was made. A section 91(14) order was granted to prevent A from making further applications without leave until D turns 16.

Citation
[2023] EWFC 333
Parties
Applicant: A; First Respondent: B; Second Respondent: C; Third Respondent: D (by a Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
10 November 2023
Procedural Posture
Family Court Children Act 1989 Proceedings / Final Judgment After Fact Finding and Welfare Hearings
Outcome
A's applications for parental responsibility, change of name, declaration of parentage, and direct contact are refused. C is granted a live with order and parental responsibility. Indirect contact (annual letter/card) is ordered. A section 91(14) order is made against A until D is 16.
Legal Topics
Parental Responsibility, Child Arrangements Order, Declaration of Parentage, Change of Name, Section 91(14) Order, Indirect Contact, Welfare of the Child
Family Law Child Law Parental Responsibility Child Arrangements Order Declaration of Parentage Change of Name Section 91(14) Order Indirect Contact +1 more

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Parties

A

Applicant

B

First Respondent

C

Second Respondent

D (by a Children's Guardian)

Third Respondent

Procedural Posture

Family Court Children Act 1989 Proceedings / Final Judgment After Fact Finding and Welfare Hearings

Legal Issues

  1. 1 Whether C should be granted parental responsibility and a live with order for D
  2. 2 Whether A should be granted parental responsibility for D
  3. 3 Whether D's name should be changed to include A's chosen names

Ratio Decidendi

The court refused A's applications for parental responsibility, change of name, declaration of parentage, and direct contact, finding these were not in D's best interests due to the risk of emotional harm, conflict, and A's controlling behaviour. The court granted C a live with order and parental responsibility, recognising her role as a primary caregiver. An order for indirect (letterbox) contact was made. A section 91(14) order was granted to prevent A from making further applications without leave until D turns 16.

Court Disposition

A's applications for parental responsibility, change of name, declaration of parentage, and direct contact are refused. C is granted a live with order and parental responsibility. Indirect contact (annual letter/card) is ordered. A section 91(14) order is made against A until D is 16.

Orders

  • Live with order in favour of B and C reflecting current arrangements
  • Parental responsibility order in favour of C