Termination of Parental Responsibility
Family and Children
In the case of CW v SG [2013] an order was granted to terminate a father’s parental responsibility in respect of his child.
When the mother and father separated the father was then charged with a series of sexual offences involving two of the mother’s older children. The father was found guilty and imprisoned for four years. The mother then submitted an application to terminate the father’s parental responsibility.
The court considered both the father and the child’s right to a family life under the European Convention on Human Rights.
The child expressed a wish not to see his father; although this was felt to be genuine it was also thought to be a reflection on the feelings of his mother and siblings. The court considered the effect on the child to be perceived as the son of a sex offender. If the father was to retain parental responsibility this would also but the mother under an enormous strain given the likelihood that the father would go on to apply for contact at some point.
Despite the father being the boy’s biological parent it was ruled that the interests of the child outweighed those of the father. The child had an overriding need for security within his family. An order was made for the father’s parental responsibility to be terminated.
Child Law Solicitors Eastbourne, Hailsham, Polegate, East Sussex
If you would like advice on child law issues please contact our Family Law Department for a free initial appointment in Eastbourne 01323 727321, Hailsham 01323 841481 or in Polegate 01323 487051.
