A, Re
[2023] EWHC 3534 (Fam)
GF (A Minor), Re
11 July 2023
[2023] EWFC 203 (B)
Family Court
A dad asked the court to stop being legally responsible for his daughter because they don't have a relationship, and she's looked after by the council. The judge agreed because it's best for the daughter.
Key Facts
- •Application for termination of parental responsibility by father (DF) for his daughter NGF (born April 2012).
- •Mother (NG) did not oppose the application.
- •NGF is subject to a care order in favour of Hampshire County Council since 2015.
- •There is no current relationship between NGF and DF.
- •Previous attempts at contact were unsuccessful due to opposition from the maternal family and NGF's own wishes.
- •DF has parental responsibility due to his name being on the birth certificate.
Legal Principles
The court's paramount consideration is the child's welfare.
Children Act
A person with parental responsibility ceases to have it only if the court so orders (section 4(2A) Children Act).
Children Act 1989, section 4(2A)
The court may make an order under subsection 2A on the application of any person who has parental responsibility for a child (section 4(3) Children Act).
Children Act 1989, section 4(3)
The significance of parental responsibility is its contribution to a child's welfare; it should be exercised for the benefit of the child, not the adult.
Re A (Termination of Parental Responsibility) [2014] 1 FLR 1305; Re D (Withdrawal of Parental Responsibility) [2015] 1 FLR 166
If the court would not make a parental responsibility order where one doesn't exist, termination may be appropriate.
Re P (Terminating Parental Responsibility) [1995] 1 FLR 1048
Termination is appropriate where the father cannot exercise any beneficial responsibilities in present or foreseeable circumstances.
Re A (Termination of Parental Responsibility) [2014] 1 FLR 1305; Re D (Withdrawal of Parental Responsibility) [2015] 1 FLR 166
The child's Article 8 rights take precedence over conflicting parental Article 8 rights.
Outcomes
Order terminating Mr F's parental responsibility for NGF was granted.
DF has no current relationship with NGF and does not wish to exercise any parental responsibilities. Maintaining parental responsibility in these circumstances is not in NGF's best interest.