Terminating parental responsibility


towardchange:

The grounds were that during the course of care proceedings, it had emerged that the father had caused the serious injuries to the child, and the mother no longer wanted him to have parental responsibility, made an application and the Court granted it.

Originally posted on suesspiciousminds:

The High Court decision of DW (A Minor) & Another v SG 2013 and the possible revival of applications to terminate a father’s parental responsibility (PR). Has the bar been set high enough?

 http://www.bailii.org/ew/cases/EWHC/Fam/2013/854.html

 A long time ago,  1995, an application to terminate a father’s parental responsibility was heard in the High Court, and that had been the only authority on the point since that time. Re P (Terminating Parental Responsibility) [1995] 1 FLR 1048

 The grounds were that during the course of care proceedings, it had emerged that the father had caused the serious injuries to the child, and the mother no longer wanted him to have parental responsibility, made an application and the Court granted it.

 [Now, of course, that course of events, though tragic, is not exceptional in care proceedings – and one might well argue that finding out that a father had not behaved…

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About Ngozi Godwell

Your ‘Family Rights’ believing in the best interest of children. The issues which are important to me are, children and their families, the injustices to parents, which may occur, because of inadequate information, mistakes or corruption. This is happening every day. every minute and every second. For years I have campaigned for the rights of children and their voices to be heard.
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51 Responses to Terminating parental responsibility

    • The correct human rights test for acquisition of parental responsibility is “intention to form a family”. Unfortunately, this changed the definition of the family from marriage and the presumption of a lifelong monogonous hetrrosexual relationship as the basis for a child’s upbringing. The government attempted to incorporate this into British law with the Family Law Act 1996 which redefined marriage in this way. As we know, things such as same sex marriage and adoption are still resisted in many quarters, let alone the more Bohemian variants, such as Mick Philpot.

      Alastair

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  2. towardchange says:

    “The father in DW was not, one would have to say, a very nice person. He was a man who had been on trial for ten counts of sexual abuse and who only pleaded guilty the day before his children were due to give evidence. He received a four year custodial sentence. The father, throughout the private law proceedings maintained that he was innocent of all charges and had only pleaded guilty to protect the children (although finally advanced a position that he accepted that the convictions were made and he could not go behind them).”

    • There is no doubt he was odious, but that is not the issue. If he had parental responsibility through being named on the birth certificate, no matter how odious, it would not have been removed. “Odious” is not the test. Even if forbidden within a 100 miles of the child there is still a duty to maintain and protect her.

      The failure to understand parental responsibility as a collection of duties in an obsession with “contact” is why the family rights movement makes such little progress. The rights of parental responsibility are to meet the duties of parental responsibility.

      Alastair

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