Ben Butler was recently instructed by Ellie Chapman of Brighton and Hove Law to represent a mother who had made an application to revoke a father’s parental responsibility due to him being incarcerated for sexual offences against minors as well as harassing the mother, most notably by circulating revenge porn. The mother had an indefinite restraining order against the father which prevented him from contacting her directly or indirectly.
The court made a rare but appropriate decision to grant the application after hearing submissions from both parties in which the father opposed the application.
The judge found that the magnetic feature of this case were the convictions and custodial sentence of the father. After applying the law, the judge reminded the parties that their paramount consideration must be the welfare of the child and how parental responsibility will be applied. Given the father will be remanded for the majority of the child’s life and the restrictions in communication, the court said it would be unrealistic for the father to be able to exercise his parental responsibility.
The court considered whether they could make prohibited steps orders in place of revoking the father’s parental responsibility. However, in this instance, the court did not recognise that as being in the best interests of the child and their welfare. Due to the circumstances of this case, the court further determined it would not be appropriate or fair to the mother to have to continue to work with the father on making decisions for the child.
The judge stated that in any event this order does not stop the father from being the child’s father and he remains a part of their identity. However, he longer has the right to make parental decisions which will impact the future of the child growing up.