A v B & Anor [2023] EWFC 304 (B) (24 October 2023)

A v B & Anor [2023] EWFC 304 (B) (24 October 2023)

The applicant has demonstrated a significant, committed, and beneficial role in the children's lives, both emotionally and practically, and granting parental responsibility reflects the reality of the family dynamic and serves the welfare of the children. There is no evidence that granting parental responsibility will harm the children's welfare or marginalise the mother. The balance of welfare considerations falls firmly in favour of granting the application.

Citation
[2023] EWFC 304 (B)
Parties
Applicant: A; First Respondent: B; Second Respondent: C
Jurisdiction
England and Wales
Judgment Date
24 October 2023
Procedural Posture
Family Law Children / Final Hearing, Judgment Delivered
Outcome
Application granted
Legal Topics
Parental Responsibility, Step Parent Rights, Children Act 1989, Welfare of the Child
Family Law Parental Responsibility Step Parent Rights Children Act 1989 Welfare of the Child

Case Brief

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Parties

A

Applicant

B

First Respondent

C

Second Respondent

Procedural Posture

Family Law Children / Final Hearing, Judgment Delivered

Legal Issues

  1. 1 Whether the applicant (stepmother) should be granted parental responsibility for her stepchildren under section 4A of the Children Act 1989

Ratio Decidendi

The applicant has demonstrated a significant, committed, and beneficial role in the children's lives, both emotionally and practically, and granting parental responsibility reflects the reality of the family dynamic and serves the welfare of the children. There is no evidence that granting parental responsibility will harm the children's welfare or marginalise the mother. The balance of welfare considerations falls firmly in favour of granting the application.

Court Disposition

Application granted

Orders

  • Applicant (A) is granted parental responsibility for the children X and Y under section 4A of the Children Act 1989.