D v E (Termination of Parental Responsibility) [2021] EWFC 37 (30 April 2021)

D v E (Termination of Parental Responsibility) [2021] EWFC 37 (30 April 2021)

Given the father's extensive and unmitigated history of sexual, physical, and emotional harm, lack of relationship or commitment to G, and the risk he poses to both G and the mother, it is in G's best interests to (1) discharge the existing child arrangements order and order no contact, (2) permit the change of G's surname to that of the mother, (3) terminate the father's parental responsibility, and (4) make a s.91(14) order preventing the father from making further applications without leave until G is 16.

Citation
[2021] EWFC 37
Parties
Applicant: D; First Respondent: E; Second Respondent: G (by her Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
30 April 2021
Procedural Posture
Family Law Children Act 1989 Applications / Final Hearing and Judgment
Outcome
All applications granted.
Legal Topics
Child Arrangements Order, Specific Issue Order (change of Surname), Termination of Parental Responsibility, Section 91(14) Order, Welfare of the Child, Risk of Harm, Domestic Abuse, Contact Suspension
Family Law Child Law Child Arrangements Order Specific Issue Order (change of Surname) Termination of Parental Responsibility Section 91(14) Order Welfare of the Child Risk of Harm +2 more

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Parties

D

Applicant

E

First Respondent

G (by her Children's Guardian)

Second Respondent

Procedural Posture

Family Law Children Act 1989 Applications / Final Hearing and Judgment

Legal Issues

  1. 1 Whether to discharge the existing child arrangements order and order no contact between G and her father
  2. 2 Whether to permit the change of G's surname
  3. 3 Whether to terminate the father's parental responsibility for G

Ratio Decidendi

Given the father's extensive and unmitigated history of sexual, physical, and emotional harm, lack of relationship or commitment to G, and the risk he poses to both G and the mother, it is in G's best interests to (1) discharge the existing child arrangements order and order no contact, (2) permit the change of G's surname to that of the mother, (3) terminate the father's parental responsibility, and (4) make a s.91(14) order preventing the father from making further applications without leave until G is 16.

Court Disposition

All applications granted.

Orders

  • Child arrangements order: G to live with the mother; previous order of 4 December 2014 discharged.
  • No contact between G and her father until further order.