A LOCAL AUTHORITY v THE FATHER & Anor

A LOCAL AUTHORITY v THE FATHER & Anor

Given the exceptional and tragic circumstances, including the father's alleged killing of the child's mother and sibling, it is in the child's best interests to grant a special guardianship order to the maternal grandparents, order no contact with the father, terminate the father's parental responsibility, and change the child's surname and remove his middle name.

Parties
Applicant: A Local Authority; First Respondent: The Father; Second Respondent: BC (a child, through his Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
01 December 2021
Procedural Posture
Family / Judgment on Applications for Special Guardianship, No Contact, Termination of Parental Responsibility, and Name Change
Outcome
Applications granted
Legal Topics
Special Guardianship Order, Parental Responsibility Termination, No Contact Order, Change of Name, Child Welfare, Domestic Abuse
Family Law Child Welfare Special Guardianship Order Parental Responsibility Termination No Contact Order Change of Name Domestic Abuse

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Parties

A Local Authority

Applicant

The Father

First Respondent

BC (a child, through his Children’s Guardian)

Second Respondent

Procedural Posture

Family / Judgment on Applications for Special Guardianship, No Contact, Termination of Parental Responsibility, and Name Change

Legal Issues

  1. 1 Whether to grant a Special Guardianship Order to the maternal grandparents
  2. 2 Whether to order no contact (direct or indirect) between the child and the father
  3. 3 Whether to terminate the father's parental responsibility

Ratio Decidendi

Given the exceptional and tragic circumstances, including the father's alleged killing of the child's mother and sibling, it is in the child's best interests to grant a special guardianship order to the maternal grandparents, order no contact with the father, terminate the father's parental responsibility, and change the child's surname and remove his middle name.

Court Disposition

Applications granted

Orders

  • Special Guardianship Order made in favour of the maternal grandparents
  • No contact (direct or indirect) between the child and the father