A Local Authority v Y & Anor (Notification of The Father and Relatives)
[2023] EWHC 2040 (Fam)
A (Notification of Father and other Family Members), Re
15 February 2024
[2024] EWHC 1747 (Fam)
High Court
A mom hid her pregnancy because she feared her dad and the baby's dad would hurt her. The court protected the mom and baby by stopping anyone from telling the grandfathers about the baby. The judge decided that the risk of violence was too high.
Key Facts
- •A mother concealed her pregnancy due to fear of honor-based violence from her father and the child's father.
- •The child's father does not have parental responsibility.
- •The father and maternal family members are unaware of the child's birth.
- •The mother has cognitive difficulties, functioning in the bottom 1% of the population.
- •The father has a history of serious violence and was recently convicted of violent offences.
- •The maternal grandfather has a history of alcohol abuse and violence.
- •The mother seeks court orders to prevent notification of the child's existence to the father and maternal grandfather.
- •The local authority and children's guardian oppose the mother's application.
Legal Principles
The court must balance the child's welfare with the mother's Article 8 rights and the rights of other family members.
In Re A and others [2020] EWCA Civ 41
Notification of the father is the exception, not the rule, and requires strong countervailing factors, especially where family life exists.
In Re A and others [2020] EWCA Civ 41
The court must consider various factors, including parental responsibility, family life, substance of relationships, likelihood of family placement, physical/psychological impact of notification, cultural/religious factors, confidentiality, delay, and other relevant matters.
In Re A and others [2020] EWCA Civ 41
The court's inherent jurisdiction allows it to make orders to promote the child's welfare, including preventing notification of relatives.
Inherent Jurisdiction
Outcomes
The court granted the mother's application to prevent notification of the father and maternal grandfather.
The court found that the mother's fear of honor-based violence was genuine and supported by evidence. The risk of violence from both the father and maternal grandfather was considered significant, outweighing the benefits of notification. The mother's cognitive limitations were also considered.
Orders were granted under FPR PD12C, paragraph 3.2, to dispense with service of Form C6A on the father and under the inherent jurisdiction to prevent notification of other relatives.
This was deemed necessary to protect the mother and child from the substantial risk of honor-based violence.