JAMES MACDOUGALL v SW & Ors

JAMES MACDOUGALL v SW & Ors

The court refused to grant parental responsibility or contact to James MacDougall for the children R, P, and N, finding that his motivations were not in the children's best interests, that he lacked insight and self-control, and that his involvement would be highly detrimental to the mothers and children. The court made a section 91(14) order preventing further applications for three years and permitted the applicant to be named in the judgment due to the public interest and risk to others.

Parties
Applicant: James MacDougall; First Respondent: SW; Second and Third Respondents: The Children (by their Children’s Guardian); First Respondent: EG; Applicant: KE
Jurisdiction
England and Wales
Judgment Date
24 May 2022
Procedural Posture
Family / Judgment After Hearing of Applications for Parental Responsibility, Child Arrangements, Non Molestation, Enforcement, and S.91(14) Orders
Outcome
Applications for parental responsibility and contact refused; section 91(14) order granted; applicant named in judgment.
Legal Topics
Parental Responsibility, Child Arrangements, Sperm Donation, Section 91(14) Orders, Non Molestation Orders, Reporting Restrictions, Children Act 1989
Family Law Parental Responsibility Child Arrangements Sperm Donation Section 91(14) Orders Non Molestation Orders Reporting Restrictions Children Act 1989

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Parties

James MacDougall

Applicant

SW

First Respondent

The Children (by their Children’s Guardian)

Second and Third Respondents

EG

First Respondent

KE

Applicant

Procedural Posture

Family / Judgment After Hearing of Applications for Parental Responsibility, Child Arrangements, Non Molestation, Enforcement, and S.91(14) Orders

Legal Issues

  1. 1 Whether the applicant should be granted parental responsibility for the children
  2. 2 Whether the applicant should have contact with the children
  3. 3 Whether a section 91(14) order should be made to prevent further applications

Ratio Decidendi

The court refused to grant parental responsibility or contact to James MacDougall for the children R, P, and N, finding that his motivations were not in the children's best interests, that he lacked insight and self-control, and that his involvement would be highly detrimental to the mothers and children. The court made a section 91(14) order preventing further applications for three years and permitted the applicant to be named in the judgment due to the public interest and risk to others.

Court Disposition

Applications for parental responsibility and contact refused; section 91(14) order granted; applicant named in judgment.

Orders

  • Refusal of parental responsibility orders for R, P, and N
  • Refusal of contact orders for R, P, and N