A Local Authority v Y & Anor (Notification of The Father and Relatives)
[2023] EWHC 2040 (Fam)
A Local Authority v A Mother
23 July 2024
[2024] EWHC 2680 (Fam)
High Court
A mother feared her family would hurt her if they knew she had a baby out of wedlock. The father agreed the baby should be adopted and wasn't involved. The court let the adoption go ahead without telling the father or his family because forcing the mother to give information could put her and the baby in danger.
Key Facts
- •A local authority sought declaratory relief to avoid notifying the father and paternal family in adoption proceedings.
- •The mother feared honor-based violence from her family if they learned of the child's birth.
- •The father did not have parental responsibility and had consented to adoption.
- •The mother refused to provide the father's contact information.
- •The child was born out of wedlock to Muslim Pakistani parents.
Legal Principles
Withholding notification of a father in adoption proceedings requires compelling reasons, particularly when the father has parental responsibility. However, compelling reasons may justify withholding notification even if the father doesn't have parental responsibility.
A, B and C [2020] EWCA Civ 41
The existence of family life is a question of fact depending on close personal ties, considering factors such as marriage, cohabitation, relationship length, intention to found a family, and commitment to the child.
A, B and C [2020] EWCA Civ 41 (referencing Marckx v Belgium, Kroon v Netherlands, Lebbink v Netherlands)
Courts may disapply Article 37 of the Vienna Convention on Consular Relations 1963 if notification to a foreign authority would be contrary to the child's best interests.
Re O A Child: The Vienna Convention on Consular Relations 1963 [2021] EWHC 908
A mother's confidentiality in adoption cases should be respected and maintained, to avoid risking secret abortions or births.
Z County Council v R [2001] 1 FLR 365
Courts should be wary of coercing a mother to reveal intimate details about the child's father.
X County Council v C [2007] EWHC 1771
Outcomes
The court granted declaratory relief, relieving the local authority from notifying, consulting with, or assessing the father and paternal family.
The mother's credible fear of honor-based violence, the father's lack of involvement, and the futility of further attempts to obtain information from the mother outweighed the need to contact the father. The court considered the lack of evidence of Article 8 rights for the father and the potential for significant delay and harm from further investigation.
The court granted the local authority permission to withdraw its care order application.
The initial need for care proceedings arose from the mother's refusal to register the birth. This was no longer an issue, and the risks to the mother didn't require ongoing care proceedings.
The court granted declaratory relief disapplying Article 37 of the Vienna Convention.
Notification of the Pakistan High Commission was deemed contrary to the child's best interests given the risk of honor-based violence.