PM v CF

PM v CF

Given the exceptional risk posed by the father, the mother's vulnerability, and the absence of a pre-existing relationship between the father and the children, the welfare best interests of the children require termination of the father's parental responsibility, permission for name changes, and a section 91(14) order for the duration of the children's minorities. Indirect contact and information provision would destabilize the mother and harm the children, so these are denied.

Parties
Applicant: PM; Respondent: CF; Interested Party: Children (A and B)
Jurisdiction
England and Wales
Judgment Date
03 October 2018
Procedural Posture
Family / Final Judgment
Outcome
Orders granted as sought by the mother and supported by the Guardian.
Legal Topics
Termination of Parental Responsibility, Change of Children's Names, Section 91(14) Order, Domestic Violence, Child Arrangements
Family Law Child Welfare Termination of Parental Responsibility Change of Children's Names Section 91(14) Order Domestic Violence Child Arrangements

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Parties

PM

Applicant

CF

Respondent

Children (A and B)

Interested Party

Procedural Posture

Family / Final Judgment

Legal Issues

  1. 1 Whether the father's parental responsibility for A should be terminated
  2. 2 Whether the mother should be permitted to change the forenames and surnames of both children
  3. 3 Whether a section 91(14) order should be made against the father for the duration of the children's minorities

Ratio Decidendi

Given the exceptional risk posed by the father, the mother's vulnerability, and the absence of a pre-existing relationship between the father and the children, the welfare best interests of the children require termination of the father's parental responsibility, permission for name changes, and a section 91(14) order for the duration of the children's minorities. Indirect contact and information provision would destabilize the mother and harm the children, so these are denied.

Court Disposition

Orders granted as sought by the mother and supported by the Guardian.

Orders

  • Father's parental responsibility for A terminated
  • Mother permitted to change forenames and surnames of both children