Re R & S (Twins: Relinquishment: Notification)
[2023] EWHC 1971 (Fam)
A Local Authority v Y & Anor (Notification of The Father and Relatives)
4 August 2023
[2023] EWHC 2040 (Fam)
High Court
A mom gave up her baby because of an abusive dad. The judge said it's okay not to tell the dad or the grandparents about the baby to keep the mom and the baby safe, and to speed up finding a good home for the baby.
Key Facts
- •Local authority application under Part 19 FPR 2010 to avoid notifying paternal and maternal family about 5-month-old X.
- •Mother relinquished X at birth due to inability to care and fear of father's reaction.
- •Mother and Children's Guardian support the application.
- •Father unaware of X's birth; has a volatile and abusive history with the mother.
- •Father has a history of abusive behavior towards previous partners and children, involving police intervention.
- •Mother recently obtained a non-molestation order against the father.
- •Potential adoptive placements exist for X with adopters of his half-siblings.
- •Application was not initially flagged as urgent, causing a six-week delay.
Legal Principles
Balancing exercise of rights and interests of all concerned, focusing on child's welfare but not paramount.
A, B and C (Adoption: Notification of Fathers and Relatives) [2020] EWCA Civ 41
Urgency in applications to avoid delay in child's permanent placement.
A, B and C (Adoption: Notification of Fathers and Relatives) [2020] EWCA Civ 41
Consideration of Article 8 rights (right to family life) of father, child, and mother.
A, B and C (Adoption: Notification of Fathers and Relatives) [2020] EWCA Civ 41
Outcomes
Application granted; local authority not required to notify father or wider family.
Balancing the father's and family's Article 8 rights with X's welfare and the mother's safety, considering the father's history of abuse, lack of parental responsibility for X, and the unlikelihood of a suitable family placement. The risk of harm to the mother and siblings outweighed any potential benefits to X.