C v D & Anor

C v D & Anor

The father's continued parental responsibility is not in B's best interests due to his abusive, intimidating, and obstructive behaviour, which has caused and is likely to cause emotional harm and impede B's welfare and support. No lesser order would suffice to protect B's welfare. The change of surname is also in B's best interests to reflect his primary family identity and avoid further distress. The non-molestation order is not extended due to lack of formal application and notice to the father.

Parties
Applicant: C; 1st Respondent: B; 2nd Respondent: B (A Child) (BY HIS GUARDIAN, JOHN POWER)
Jurisdiction
England and Wales
Judgment Date
28 September 2018
Procedural Posture
Family Law Children / Judgment After Final Hearing
Outcome
Application granted in part
Legal Topics
Parental Responsibility, Change of Surname, Non Molestation Order, Child Welfare
Family Law Child Law Parental Responsibility Change of Surname Non Molestation Order Child Welfare

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Parties

C

Applicant

B

1st Respondent

B (A Child) (BY HIS GUARDIAN, JOHN POWER)

2nd Respondent

Procedural Posture

Family Law Children / Judgment After Final Hearing

Legal Issues

  1. 1 Whether the father's parental responsibility for the child B should be terminated
  2. 2 Whether the child's surname should be changed
  3. 3 Whether the non-molestation order should be extended

Ratio Decidendi

The father's continued parental responsibility is not in B's best interests due to his abusive, intimidating, and obstructive behaviour, which has caused and is likely to cause emotional harm and impede B's welfare and support. No lesser order would suffice to protect B's welfare. The change of surname is also in B's best interests to reflect his primary family identity and avoid further distress. The non-molestation order is not extended due to lack of formal application and notice to the father.

Court Disposition

Application granted in part

Orders

  • Father's parental responsibility for B is terminated
  • B's surname is to be changed as sought by the mother