child contact dispute

Court terminates father’s PR

On 12 April 2013, Mr Justice Baker handed down a judgement to terminate a father’s parental responsibility. Unsurprisingly, as the first judgement on the issue since 1995, it has already raised a great deal of interest within the sector.

The case involved a father who was convicted for sexual offences against his step daughters. On being released from prison, his ex-partner applied to the court to terminate his parental responsibility because the father wanted to have contact with his biological son who lives with his half sisters (the victims).

In passing the judgement, Mr Justice Baker made it clear that as a starting point it should be the view of the court that once parental responsibility has been obtained this should not be terminated for anything less than solid reasons. That said, this needed to be weighed up against the child’s interests, being the paramount consideration.

In presenting his decision, the judge acknowledged the importance of the need of the child (D), to grow up with some understanding of his origins and, whenever possible, (have) a relationship with each biological parent. He balanced this need against the importance of the child’s overall and future emotional wellbeing and security. In ordering that the father’s parental responsibility be terminated Mr Justice Baker said that the reason for this conclusion was that “in this case there (was) no element of the bundle of responsibilities which his father could in present or foreseeable circumstances exercise in a way that would be beneficial for D”.

If you would like to discuss your situation or you would like more information on our parenting and children law work, please click here or email louisa.ghevaert@porterdodson.co.uk or telephone Louisa on +44 (0)207 222 1244.

Parenting disputes in uncertain economic times

Relationship breakdown is tough and even more so in uncertain economic times. The breakdown of a relationship creates a range of issues and difficulties for parents and children that can be hard to tackle and resolve.

Uncertain economic times make it harder for parents to craft financial settlements as there is less available capital and income to share, jobs are under threat and living costs continue to rise. The family finances, which previously ran one household, now have to be stretched to run two households and this can place families under considerable pressure at an already difficult time and this can often create a significant drop in overall standards of living.

Parents’ financial worries can also impact on arrangements for the care and upbringing of their children. It can make it harder for parents to communicate and adjust to life as separated parents and make it difficult for them to agree residence, contact and other parenting arrangements for their children. For example overnight staying contact can become contentious if the separated parent’s new accommodation is at distance from the family home or is small and less child friendly due to financial constraints. These financial worries are often compounded by other concerns and pressures, which can make it difficult for parents to effectively parent their children and this can cause parenting disputes to arise.

Parenting disputes can become entrenched and difficult to resolve, as they are often emotionally charged and hard fought. Wider issues and concerns can also become entangled in the dispute, which can make it even harder to reach an agreement. For example, a deep seated lack of trust between parents, strong and unresolved feelings of anger, grief and shock and concerns over the introduction of a new partner.

Recent statistics show that increasing numbers of UK families (whether together or separated) are facing serious issues of conflict, which can (and do) bring famililes to tipping point. A significant proportion of these experience financial and emotional conflict, through job threats and loss, falling earnings, rising fuel and food costs, expensive childcare and the high cost of accommodation. It is therefore unsurprising that increasing numbers of relationships between parents are breaking down and parenting disputes arise.

Click on the following links if you would like more information about the legal issues surrounding a parenting dispute or financial provision for a child. If you would like to discuss your situation in more detail or you need further help please email fertilityandparenting@porterdodson.co.uk or call +44 (0)207 222 1244.