MZ v FZ & Ors

MZ v FZ & Ors

The court held that the statutory scheme under Children Act 1989, which does not allow revocation of parental responsibility for married fathers, is not incompatible with the Human Rights Act 1998 or the ECHR. Comprehensive protective orders under CA 1989 are sufficient to safeguard victims of domestic abuse, and ECtHR jurisprudence supports the distinction between married and unmarried parents as legitimate. The emotional harm caused by the inability to revoke parental responsibility does not reach the threshold for a violation of Article 3, and any difference in treatment is justified by legitimate legislative aims.

Parties
Applicant: MZ; 1st Respondent: FZ; 2nd & 3rd Respondents: X & Y (by their Guardian); Interested Party: The Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
15 February 2022
Procedural Posture
Family / Final Judgment
Outcome
Application for declaration of incompatibility refused; protective orders confirmed.
Legal Topics
Parental Responsibility, Domestic Abuse, Children's Welfare, Human Rights Act 1998, Children Act 1989, Discrimination, Revocation of Parental Responsibility
Family Law Human Rights Parental Responsibility Domestic Abuse Children's Welfare Human Rights Act 1998 Children Act 1989 Discrimination +1 more

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Parties

MZ

Applicant

FZ

1st Respondent

X & Y (by their Guardian)

2nd & 3rd Respondents

The Secretary of State for Justice

Interested Party

Procedural Posture

Family / Final Judgment

Legal Issues

  1. 1 Whether the court can revoke parental responsibility of a married father under Children Act 1989
  2. 2 Compatibility of Children Act 1989 with Human Rights Act 1998 and ECHR
  3. 3 Adequacy of protective orders for victims of domestic abuse

Ratio Decidendi

The court held that the statutory scheme under Children Act 1989, which does not allow revocation of parental responsibility for married fathers, is not incompatible with the Human Rights Act 1998 or the ECHR. Comprehensive protective orders under CA 1989 are sufficient to safeguard victims of domestic abuse, and ECtHR jurisprudence supports the distinction between married and unmarried parents as legitimate. The emotional harm caused by the inability to revoke parental responsibility does not reach the threshold for a violation of Article 3, and any difference in treatment is justified by legitimate legislative aims.

Court Disposition

Application for declaration of incompatibility refused; protective orders confirmed.

Orders

  • Child Arrangements Order: children to live with MZ
  • Prohibited Steps Orders restricting FZ's exercise of parental responsibility