CD (Notice of care proceedings to father without parental responsibility)

CD (Notice of care proceedings to father without parental responsibility)

CD's relationship with X does not have sufficient constancy and substance to constitute de facto family ties; therefore, CD is not entitled to Article 8 or Article 6 rights. The risk to the mother and family, though moderate, is sufficient to justify not serving CD with Form C6A.

Parties
Applicant: Local Authority; First Respondent: B (Mother); Father Without Parental Responsibility: CD (Father of X); Father With Parental Responsibility: 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 Order Application / Judgment on Notice to Father Without Parental Responsibility
Outcome
application granted
Legal Topics
Care Proceedings, Notification to Parent Without Parental Responsibility, Article 8 ECHR, Article 6 ECHR, Domestic Violence, Risk Assessment
Family Law Child Protection Human Rights Care Proceedings Notification to Parent Without Parental Responsibility 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 Without Parental Responsibility

H (Father of Y and Z)

Father With Parental Responsibility

Children (X, Y, Z)

Children

Claire van Overdijk

Advocate to the Court

Procedural Posture

Care Order Application / Judgment on Notice to Father Without Parental Responsibility

Legal Issues

  1. 1 Whether CD (father of X) should be notified of care proceedings despite lacking parental responsibility
  2. 2 Whether CD's relationship with X constitutes 'family life' under Article 8 ECHR
  3. 3 Whether Article 6 ECHR (right to fair trial) is engaged for CD

Ratio Decidendi

CD's relationship with X does not have sufficient constancy and substance to constitute de facto family ties; therefore, CD is not entitled to Article 8 or Article 6 rights. The risk to the mother and family, though moderate, is sufficient to justify not serving CD with Form C6A.

Court Disposition

application granted

Orders

  • CD (father of X) shall not be served with Form C6A (Notice of Proceedings)
  • Local authority permitted not to notify CD of care proceedings