M v F & Ors [2011] EWCA Civ 273 (17 March 2011)

M v F & Ors [2011] EWCA Civ 273 (17 March 2011)

The appeal was dismissed because M failed to demonstrate exceptional circumstances or compelling evidence to justify withholding knowledge of BA's existence and proceedings from F; the risk asserted was speculative and insufficient to override F's fundamental rights.

Citation
[2011] EWCA Civ 273
Parties
Appellant: M; 1st Respondent: F; 2nd Respondent: H (A Local Authority); 3rd Respondent: BA (By his Guardian)
Jurisdiction
England and Wales
Judgment Date
17 March 2011
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Parental Responsibility, Adoption, Disclosure of Proceedings, Article 6 ECHR, Article 8 ECHR
Family Law Human Rights Parental Responsibility Adoption Disclosure of Proceedings Article 6 ECHR Article 8 ECHR

Case Brief

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Parties

M

Appellant

F

1st Respondent

H (A Local Authority)

2nd Respondent

BA (By his Guardian)

3rd Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the father should be kept ignorant of the existence and proceedings relating to his legitimate child
  2. 2 Whether only significant physical risk justifies withholding such knowledge
  3. 3 Appropriate test for risk of future harm

Ratio Decidendi

The appeal was dismissed because M failed to demonstrate exceptional circumstances or compelling evidence to justify withholding knowledge of BA's existence and proceedings from F; the risk asserted was speculative and insufficient to override F's fundamental rights.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal granted
  • Declarations sought by M refused