G (Notification of Father with Parental Responsibility), Re
[2024] EWFC 173
A County Council v A Mother & Ors
21 July 2023
[2023] EWFC 122 (B)
Family Court
Mom wants dad out of court because of past abuse, but the judge says dad has rights and the daughter might benefit from knowing him, so they'll make the court process easier for mom, but not remove dad unless he wants out.
Key Facts
- •Mother (R1) seeks to discharge Father (R2) from care proceedings concerning their 12-year-old daughter, M.
- •Proceedings stem from the local authority's (Applicant) application for a care order due to the mother's drug misuse and neglect.
- •M was placed in foster care in March 2023.
- •Prior private law proceedings (2012-2015) involved findings of domestic abuse by the father against the mother, resulting in an order for indirect contact.
- •The mother claims ongoing fear and anxiety about the father's involvement.
- •The father states he doesn't oppose discharge due to health concerns and stress.
- •The Guardian is neutral on the application but notes M's desire to have no contact with her father.
- •The father has not had contact with M for eight years.
Legal Principles
The welfare of the child is a primary consideration, but not paramount, in deciding whether to discharge a party from proceedings.
Re W (Discharge of Party To Proceedings) [1997] 1 FLR 128; A Local Authority v F and M and X and Y [2018] EWHC 451 (Fam); A, B and C (Adoption: Notification of Fathers and Relatives) [2020] EWCA Civ 41
The court must balance the rights of all parties involved, including the parent's Article 8 right to family life and Article 6 right to a fair trial, against the child's welfare.
A Local Authority v F and M and X and Y [2018] EWHC 451 (Fam); A (A Child) (Withdrawal of Treatment: Legal Representation) [2022] EWCA 1221; Re B (Disclosure to Other Parties) [2001] 2 FLR 1017; A Local Authority v B (Dispensing with Service) [2020] EWHC 2741 (Fam)
Parental responsibility is a significant factor and can only be removed through adoption or a parental order.
Children Act 1989, section 2(1)
The court has powers to manage proceedings, including controlling disclosure and participation to protect parties from harm, particularly in domestic abuse cases.
Family Procedure Rules, Practice Direction 3AA, Practice Direction 12J, sections 62 to 67 of the Domestic Abuse Act 2011
Outcomes
The mother's application to discharge the father is dismissed.
The court found that the father's participation, while potentially causing anxiety to the mother, did not reach a level justifying discharge given the court's powers to manage the proceedings and protect the mother. The father's parental responsibility and M's potential benefit from contact with her paternal family were also considered.
The father is given the opportunity to withdraw from the proceedings.
Due to the father's unserved status and expressed desire to withdraw due to health concerns, the court allows him to file a statement within 14 days. If he doesn't wish to remain, he will be discharged. If he wishes to remain, directions will be set for managing disclosure and participation to balance the mother's needs and the child's welfare.