M v F (Parental Responsibility of a non-biological father) [2024] EWFC 377 (B) (09 September 2024)

M v F (Parental Responsibility of a non-biological father) [2024] EWFC 377 (B) (09 September 2024)

A welfare analysis is required before parental responsibility acquired by a non-biological father under Section 4(1)(a) Children Act 1989 can be removed. There is no automatic cessation of PR upon re-registration of the birth or discovery of non-paternity. In this case, it is not in the child's best interests to remove F's PR merely to re-grant it under a different legal basis. The status quo should be maintained to protect the child's welfare and stability.

Citation
[2024] EWFC 377 (B)
Parties
Claimant: M (a Mother); Defendant: F (a Father)
Jurisdiction
England and Wales
Judgment Date
09 September 2024
Procedural Posture
Family Law Parental Responsibility / Final Judgment After Contested Hearing
Outcome
Application to remove and re-grant parental responsibility refused; no order made to change F's parental responsibility status.
Legal Topics
Parental Responsibility, Non Biological Parent Rights, Children Act 1989, Child Welfare, Birth Certificate Re Registration
Family Law Parental Responsibility Non Biological Parent Rights Children Act 1989 Child Welfare Birth Certificate Re Registration

Case Brief

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Parties

M (a Mother)

Claimant

F (a Father)

Defendant

Procedural Posture

Family Law Parental Responsibility / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether parental responsibility (PR) acquired by a non-biological father by being named on the birth certificate should be removed and re-granted under a different legal basis after discovery of non-paternity
  2. 2 Whether the cessation of PR should be automatic upon re-registration of the birth or require a welfare analysis
  3. 3 Whether it is in the child's best interests to remove and re-grant PR

Ratio Decidendi

A welfare analysis is required before parental responsibility acquired by a non-biological father under Section 4(1)(a) Children Act 1989 can be removed. There is no automatic cessation of PR upon re-registration of the birth or discovery of non-paternity. In this case, it is not in the child's best interests to remove F's PR merely to re-grant it under a different legal basis. The status quo should be maintained to protect the child's welfare and stability.

Court Disposition

Application to remove and re-grant parental responsibility refused; no order made to change F's parental responsibility status.

Orders

  • No order for cessation or re-grant of parental responsibility; F continues to hold parental responsibility as acquired.