Re C & A (Children: Acquisition and Discharge of Parental Responsibility by an Unmarried Father)
[2023] EWHC 516 (Fam)
A Local Authority v SB & Ors
23 March 2023
[2023] EWFC 58 (B)
Family Court
A man's name was on a child's birth certificate, but DNA showed he wasn't the dad. The judge decided it's best for the child if the man's parental rights are ended, even though he wasn't a bad guy. The judge considered the child's best interests and made sure this was the right decision.
Key Facts
- •Mother applied for discharge of Mr. K's parental responsibility for N.
- •Mr. K was named on N's birth certificate as father but DNA testing proved he was not the biological father.
- •N was living with her paternal half-brother, M, and the court was considering a Special Guardianship Order for N with M.
- •Conflicting judgments existed on whether discharge of parental responsibility in such circumstances required a welfare analysis or was automatic.
- •The court considered the judgment of HHJ Moradifar in Re C & A [2023] EWHC 516 (Fam) and the Court of Appeal authority in Re D [2014] EWCA Civ 315.
Legal Principles
Section 4(2A) of the Children Act 1989 is the only means to remove parental responsibility from a person who gained it under section 4(1).
Children Act 1989
Discharge of parental responsibility under section 4(2A) is a welfare-based decision, not automatic upon declaration of non-parentage.
Re D [2014] EWCA Civ 315
A declaration of non-parentage doesn't automatically discharge parental responsibility; a separate court order under section 4(2A) is required.
HHJ Moradifar's judgment in Re C & A [2023] EWHC 516 (Fam)
Child's welfare is paramount when considering cessation of parental responsibility.
Children Act 1989, section 1
Outcomes
Mr. K's parental responsibility for N was discharged.
It was in N's best interests. Mr. K is not the biological father and his continued parental responsibility would not benefit N, while posing potential risks given his lifestyle and lack of a significant role in N's life. A welfare analysis under section 4(2A) of the Children Act 1989 supported the discharge.