DW (A Minor) & Anor v SG

DW (A Minor) & Anor v SG

The father’s parental responsibility was terminated because his actions caused significant harm to the family, there is no current attachment between D and the father, and retention of parental responsibility would risk further emotional harm and instability for D. The child’s welfare and emotional security outweigh the father’s Article 8 rights. The father’s application for a specific issues order was refused as it would impinge on D’s emotional security and place undue strain on the mother.

Parties
Applicant: CW; Respondent: SG
Jurisdiction
England and Wales
Judgment Date
12 April 2013
Procedural Posture
Children Act Application / Final Judgment
Outcome
Father's parental responsibility terminated; father's application for specific issues order refused.
Legal Topics
Parental Responsibility, Termination of Parental Responsibility, Specific Issues Order, Children Act 1989, Child Welfare, Article 8 ECHR
Family Law Child Welfare Parental Responsibility Termination of Parental Responsibility Specific Issues Order Children Act 1989 Article 8 ECHR

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 8 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

CW

Applicant

SG

Respondent

Procedural Posture

Children Act Application / Final Judgment

Legal Issues

  1. 1 Whether the father's parental responsibility for D should be terminated under section 4(2A) of the 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 was terminated because his actions caused significant harm to the family, there is no current attachment between D and the father, and retention of parental responsibility would risk further emotional harm and instability for D. The child’s welfare and emotional security outweigh the father’s Article 8 rights. The father’s application for a specific issues order was 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 the father's parental responsibility for D.
  • Father's application for a specific issues order requiring annual reports refused.