CD (Notice of care proceedings to father without parental responsibility) [2017] EWFC 34 (24 May 2017)

CD (Notice of care proceedings to father without parental responsibility) [2017] EWFC 34 (24 May 2017)

CD does not have de facto family ties with X sufficient to engage Article 8 ECHR; therefore, Article 6 ECHR is not engaged. The risk to the mother and family, though moderate, is sufficient to justify withholding notice (Form C6A) from CD, given the lower threshold applicable to fathers without Article 8/6 rights.

Citation
[2017] EWFC 34
Parties
Applicant: Local Authority; First Respondent: B (Mother); Father of X (not a Party): CD (Father of X); Father of Y and Z: H (Father of Y and Z); Children: Children (X, Y, Z); Advocate to the Court: Claire van Overdijk
Jurisdiction
England and Wales
Judgment Date
24 May 2017
Procedural Posture
Care Proceedings (children Act 1989 S.31) / Application for Order Not to Serve Form C6 a (notice of Proceedings) on Father Without Parental Responsibility
Outcome
Application granted
Legal Topics
Care Proceedings, Parental Responsibility, Notice to Non Parties, Article 8 ECHR, Article 6 ECHR, Domestic Violence, Risk Assessment
Family Law Human Rights Care Proceedings Parental Responsibility Notice to Non Parties Article 8 ECHR Article 6 ECHR Domestic Violence +1 more

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Parties

Local Authority

Applicant

B (Mother)

First Respondent

CD (Father of X)

Father of X (not a Party)

H (Father of Y and Z)

Father of Y and Z

Children (X, Y, Z)

Children

Claire van Overdijk

Advocate to the Court

Procedural Posture

Care Proceedings (children Act 1989 S.31) / Application for Order Not to Serve Form C6 a (notice of Proceedings) on Father Without Parental Responsibility

Legal Issues

  1. 1 Whether CD (father without parental responsibility) should be served with Form C6A notice of care proceedings regarding his child X
  2. 2 Whether CD has de facto family life with X under Article 8 ECHR
  3. 3 Whether Article 6 ECHR (right to fair trial) is engaged for CD

Ratio Decidendi

CD does not have de facto family ties with X sufficient to engage Article 8 ECHR; therefore, Article 6 ECHR is not engaged. The risk to the mother and family, though moderate, is sufficient to justify withholding notice (Form C6A) from CD, given the lower threshold applicable to fathers without Article 8/6 rights.

Court Disposition

Application granted

Orders

  • CD (father of X) is not to be served with Form C6A notice of care proceedings.