DW (A Minor) & Anor v SG [2013] EWHC 854 (Fam) (12 April 2013)

DW (A Minor) & Anor v SG [2013] EWHC 854 (Fam) (12 April 2013)

The father's parental responsibility is terminated because his actions caused significant harm to the family, he continues to deny culpability, there is no current attachment with D, and his retention of parental responsibility would imperil D's emotional security. The welfare of the child is paramount and outweighs...

Source-derived case information.

Citation
[2013] EWHC 854 (Fam)
Parties
Applicant: CW; Respondent: SG
Jurisdiction
England and Wales
Judgment Date
12 April 2013
Procedural Posture
Children Act 1989 Proceedings / Final Judgment on Applications
Outcome
Father's parental responsibility terminated; father's application for specific issues order refused.
Legal Topics
Parental Responsibility, Specific Issue Order, Child Welfare, Termination of Parental Responsibility, Article 8 ECHR
Family Law Children Law Parental Responsibility Specific Issue Order Child Welfare Termination of Parental Responsibility Article 8 ECHR

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Parties

CW

Applicant

SG

Respondent

Procedural Posture

Children Act 1989 Proceedings / Final Judgment on Applications

Legal Issues

  1. 1 Whether the father's parental responsibility for D should be terminated under section 4(2A) Children Act 1989
  2. 2 Whether the father should be granted a specific issues order requiring the mother to provide annual reports on D's progress

Ratio Decidendi

The father's parental responsibility is terminated because his actions caused significant harm to the family, he continues to deny culpability, there is no current attachment with D, and his retention of parental responsibility would imperil D's emotional security. The welfare of the child is paramount and outweighs the father's Article 8 rights. The father's application for a specific issues order is refused as it would impinge on D's emotional security and place undue strain on the mother.

Court Disposition

Father's parental responsibility terminated; father's application for specific issues order refused.

Orders

  • Order under section 4(2A) Children Act 1989 terminating father's parental responsibility for D.
  • Refusal of father's application for specific issues order requiring annual reports.