A v M & Ors

A v M & Ors

The court found that A has demonstrated a lengthy and instinctive commitment to K, who has regarded him as her father. Granting a Parental Responsibility Order for K reflects the reality of their relationship, reassures K of A’s continued commitment, and is in her best interests. For D, the court gave significant weight to his wishes and feelings, finding that granting the order against his consistent opposition would be contrary to his welfare and autonomy. Accordingly, the order is granted for K but refused for D.

Parties
Applicant: A; First Respondent: M; Second Respondent: S; Third Respondent: N; Fourth Respondent: T; Fifth Sixth Respondents: The Children (by their Children’s Guardian, Ms Demery)
Jurisdiction
England and Wales
Judgment Date
31 July 2024
Procedural Posture
Family Law Parental Responsibility Application / Judgment After Hearing on Application for Parental Responsibility Order
Outcome
Application for Parental Responsibility Order granted in respect of K and refused in respect of D.
Legal Topics
Parental Responsibility, Hague Convention, Child Welfare, Step Parent Rights
Family Law Children Law International Child Abduction Parental Responsibility Hague Convention Child Welfare Step Parent Rights

Case Brief

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Parties

A

Applicant

M

First Respondent

S

Second Respondent

N

Third Respondent

T

Fourth Respondent

The Children (by their Children’s Guardian, Ms Demery)

Fifth Sixth Respondents

Procedural Posture

Family Law Parental Responsibility Application / Judgment After Hearing on Application for Parental Responsibility Order

Legal Issues

  1. 1 Whether the applicant (step-parent) should be granted a Parental Responsibility Order for two children under section 4A(1)(b) of the Children Act 1989
  2. 2 Whether granting such an order is in the best interests of each child

Ratio Decidendi

The court found that A has demonstrated a lengthy and instinctive commitment to K, who has regarded him as her father. Granting a Parental Responsibility Order for K reflects the reality of their relationship, reassures K of A’s continued commitment, and is in her best interests. For D, the court gave significant weight to his wishes and feelings, finding that granting the order against his consistent opposition would be contrary to his welfare and autonomy. Accordingly, the order is granted for K but refused for D.

Court Disposition

Application for Parental Responsibility Order granted in respect of K and refused in respect of D.

Orders

  • Parental Responsibility Order granted to A in respect of K.
  • Application for Parental Responsibility Order in respect of D refused.