D v E (Termination of Parental Responsibility)

D v E (Termination of Parental Responsibility)

Given the father's extensive and unmitigated history of sexual, physical, and emotional harm, lack of relationship or commitment to the child, and ongoing risk to both the child and mother, it is in the child's best interests to terminate the father's parental responsibility, change the child's surname, order no contact, and restrict further applications by the father until the child is 16.

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 / Final Hearing and Judgment
Outcome
Applications granted
Legal Topics
Child Arrangements Order, Specific Issue Order, Termination of Parental Responsibility, Change of Surname, Section 91(14) Order, Welfare of the Child
Family Law Child Law Child Arrangements Order Specific Issue Order Termination of Parental Responsibility Change of Surname Section 91(14) Order Welfare of the Child

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Parties

D

Applicant

E

First Respondent

G (by her Children’s Guardian)

Second Respondent

Procedural Posture

Family / Final Hearing and Judgment

Legal Issues

  1. 1 Whether to terminate the father's parental responsibility for the child
  2. 2 Whether to change the child's surname
  3. 3 Whether to order no contact between the child and the father

Ratio Decidendi

Given the father's extensive and unmitigated history of sexual, physical, and emotional harm, lack of relationship or commitment to the child, and ongoing risk to both the child and mother, it is in the child's best interests to terminate the father's parental responsibility, change the child's surname, order no contact, and restrict further applications by the father until the child is 16.

Court Disposition

Applications granted

Orders

  • Child arrangements order: child to live with the mother; previous order discharged
  • No contact between child and father until further order