B and C (Change of Names: Parental Responsibility: Evidence)

B and C (Change of Names: Parental Responsibility: Evidence)

Given the father's history of abduction, breach of court orders, and evidence of trauma and risk to the children and mother, it is necessary and proportionate to permit the mother to change the children's names and to restrict the father's exercise of parental responsibility to ensure their safety and welfare.

Parties
Applicant: Mother; Respondent: Father; Interested Party: Children's Guardian (Ms Toni Jolly)
Jurisdiction
England and Wales
Judgment Date
12 December 2017
Procedural Posture
Family / Final Judgment
Outcome
Applications granted.
Legal Topics
Change of Name, Parental Responsibility, Prohibited Steps Order, Wardship, Domestic Abuse, Child Abduction
Family Law Child Protection Change of Name Parental Responsibility Prohibited Steps Order Wardship Domestic Abuse Child Abduction

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Parties

Mother

Applicant

Father

Respondent

Children's Guardian (Ms Toni Jolly)

Interested Party

Procedural Posture

Family / Final Judgment

Legal Issues

  1. 1 Should the mother be permitted to change the children's forenames and surnames?
  2. 2 Should a prohibited steps order be granted restricting the father's exercise of parental responsibility?
  3. 3 Is it appropriate to proceed in the father's absence?

Ratio Decidendi

Given the father's history of abduction, breach of court orders, and evidence of trauma and risk to the children and mother, it is necessary and proportionate to permit the mother to change the children's names and to restrict the father's exercise of parental responsibility to ensure their safety and welfare.

Court Disposition

Applications granted.

Orders

  • B and C shall live with their mother and have no contact with their father.
  • The father is prohibited from exercising any aspect of parental responsibility for either child until each reaches 18 or further court order.