DG v KB & Anor (Re EMP (A Child))

DG v KB & Anor (Re EMP (A Child))

Given the findings of severe abuse, including rape, by the father towards the mother, the father's total lack of insight or acceptance of responsibility, the clear and consistent wishes and feelings of EMP, and the significant harm to both mother and child from any continued involvement, the welfare of EMP requires a 'live with' order in favour of the mother, no contact with the father, permission to change EMP's surname to the mother's, revocation of the father's parental responsibility, and a section 91(14) order until EMP's 16th birthday. The father's conduct justified a significant costs order against him for the fact-finding hearing.

Parties
Applicant: DG; First Respondent: KB; Second Respondent: EMP (by his Children’s Guardian “CG2”)
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Children Act Private Law (section 8) / Final Hearing and Judgment
Outcome
Application by DG for contact refused; all orders sought by KB granted.
Legal Topics
Child Arrangements Order, Parental Responsibility, Change of Surname, Section 91(14) Order, Costs in Children Act Proceedings
Family Law Child Law Child Arrangements Order Parental Responsibility Change of Surname Section 91(14) Order Costs in Children Act Proceedings

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Parties

DG

Applicant

KB

First Respondent

EMP (by his Children’s Guardian “CG2”)

Second Respondent

Procedural Posture

Children Act Private Law (section 8) / Final Hearing and Judgment

Legal Issues

  1. 1 What child arrangements order should be made regarding EMP?
  2. 2 Should the mother’s application to change EMP’s surname be granted?
  3. 3 Should the father’s parental responsibility be restricted or revoked?

Ratio Decidendi

Given the findings of severe abuse, including rape, by the father towards the mother, the father's total lack of insight or acceptance of responsibility, the clear and consistent wishes and feelings of EMP, and the significant harm to both mother and child from any continued involvement, the welfare of EMP requires a 'live with' order in favour of the mother, no contact with the father, permission to change EMP's surname to the mother's, revocation of the father's parental responsibility, and a section 91(14) order until EMP's 16th birthday. The father's conduct justified a significant costs order against him for the fact-finding hearing.

Court Disposition

Application by DG for contact refused; all orders sought by KB granted.

Orders

  • EMP to live with KB.
  • No contact (direct or indirect) between DG and EMP.