“1) The non-molestation order dated7th December 2021 shall remain in force as ordered until3rd April 2027 . 2) The child shall live with the mother. 3) There shall be indirect contact between the child and father. This indirect contact shall take place no more than 6 times a year and will take the form of letters or cards. Such indirect contact shall be sent via the maternal grandmother, assuming she is prepared to undertake the task. 4) Section 91(14) order prohibiting the father from making any furtherChildren Act 1989 application without prior permission of the court until3rd April 2027 . 5) The father is prohibited from posting anything on social media in relation to the child until the said child attains the age of 16 years. 6) There is no order in relation to the respondent’s enforcement application and this application is dismissed. 7) Legal aid direction for costs.”
“55. [KN] had a very concrete way of seeing things and had very little (if any) insight into the impact of his behaviour, and equally little empathy as to how it affected others. He quickly becomes agitated, aggressive and loses control when not getting his way. I thought Ms Vine’s [the Guardian then and now] assessment was very accurate. I suspect that [KN] can provide appropriate care for one child when he is calm and all is going well. However, I can also fully accept that when he becomes agitated he cannot control his emotions. He became upset when I gave my interim ruling and became angry and found it very difficult to control himself. There is copious evidence of him ringing or contacting people on multiple occasions if they do not do what he wants, and he simply will not take no for an answer. He had no insight into the impact this behaviour has on other people … He had accepted that he did at times become frustrated and aggressive, but he said he never did this in front of children. However, I do not consider that [KN] has any self-control over his feelings of anger and frustration.”
“31. Where, as in this case, the father has acquired parental responsibility pursuant tos.4(1)(a) of the Children Act 1989 by being registered as the subject child's father, his parental responsibility may only be removed by an order of the court pursuant to s.4(2A) of the 1989 Act. Having regard to the terms ofs.1 of the Children Act 1989 , when deciding whether to terminate a father's parental responsibility, the child's welfare is the court's paramount consideration (that question being a question with respect to the upbringing of a child pursuant tos.105(1) of the Act ) but is not required to consider the factors set out ins.1(3) of the 1989 Act , as an order terminating the father's parental responsibility is not an order specified ins.1(4) of the 1989 Act . However, in Re D (Withdrawal of Parental Responsibility)[2015] 1 FLR 166 the Court of Appeal made clear at [12] that: "[12] When a court is considering an application relating to the cessation of parental responsibility, the court is considering a question with respect to the upbringing of a child with the consequence that by s 1(1)(b) of the CA 1989 the child's welfare will be the court's paramount consideration. By s 1(4), there is no requirement upon the court to consider the factors set out in s 1(3) (the 'welfare checklist') but the court is not prevented from doing so and may find it helpful to use an analytical framework not least because welfare has to be considered and reasoned. Given that the cessation of parental responsibility is an order of the court, the court must also consider whether making such an order is better for the child than making no order at all (the 'no order' principle in s 1(5) of the CA 1989)." 32. With respect to the factors to be taken into account, in Re P (Terminating Parental Responsibility)[1995] 1 FLR 1048 , Singer J held as follows at p.1052: "I start from the proposition that parental responsibility – both wanting to have it and its exercise – is a laudable desire which is to be encouraged rather than rebuffed. So that I think one can postulate as a first principle that parental responsibility once obtained should not be terminated in the case of a non-marital father on less than solid grounds, with a presumption for continuance rather than for termination. The ability of a mother to make such an application therefore should not be allowed to become a weapon in the hands of the dissatisfied mother of the non-marital child: it should be used by the court as an appropriate step in the regulation of the child's life where the circumstances really do warrant it and not otherwise. I have been referred in outline to four authorities as to the circumstances in which a court will make an order for parental responsibility on application to it under s 4, notwithstanding maternal opposition and, more particularly, as to the criteria and considerations which are relevant. The authorities in question are: Re H (Minors) (Local Authority: Parental Rights) (No 3)[1991] Fam 151 , sub nom Re H (Illegitimate Children: Father: Parental Rights) (No 2)[1991] 1 FLR 214 ; Re C (Minors) (Parental Rights)[1992] 1 FLR 1 , in the Court of Appeal, and Re G (A Minor) (Parental Responsibility Order)[1994] 1 FLR 504 , also in the Court of Appeal; and, finally, a decision of Wilson J, Re P (A Minor) (Parental Responsibility Order)[1994] 1 FLR 578 .”
"As in Re P, I find that, if the father did not have parental responsibility, it is inconceivable it would now be granted to him, and that this is a factor I should take into account when considering this application to terminate his parental responsibility. Furthermore, like Singer J in Re P, I find that in this case there is no element of the bundle of responsibilities that make up parental responsibility which this father could, in present or foreseeable circumstances, exercise in a way which would be beneficial for D." 34. The decision of Baker J (as he then was) was upheld by the Court of Appeal in Re D (Withdrawal of Parental Responsibility)[2015] 1 FLR 166 , in which Ryder LJ (as he then was) held as follows at [13] and [14] with respect to the factors to be taken into account on an application to terminate parental responsibility pursuant to s.4(2A) of theChildren Act 1989 : "[13] The paramountcy test is overarching and no one factor that the court might consider in a welfare analysis has any hypothetical priority. Accordingly, factors that may be said to have significance by analogy or on the facts of a particular case, for example, the factors that the court considers within the overarching question of welfare upon an application for a parental responsibility order (the degree of commitment which the father has shown to the child, the degree of attachment which exists between the father and the child and the reasons of the father for applying for the order) may be relevant on the facts of a particular case but are not to be taken to be a substitute test to be applied (see Re M (Parental Responsibility Order)[2013] EWCA Civ 969 ,[2014] 1 FLR 339 , at paras [15] and [16]). [14] An unmarried father does not benefit from a 'presumption' as to the existence or continuance of parental responsibility. He obtains it in accordance with the statutory scheme and may lose it in the same way. In both circumstances it is the welfare of the child that creates the presumption, not the parenthood of the unmarried father. The concept of rival presumptions is not helpful, although I entirely accept that the fact of parenthood raises the welfare question, hence the right of a parent (with or without parental responsibility) to make an application under s 8 of the CA 1989 without permission (see s 10(4)(a) of the CA 1989). There is also ample case-law describing the imperative in favour of a continuing relationship between both parents and a child so that ordinarily a child's upbringing should be provided by both of his parents and where that is not in the child's interests by one of them with the child having the benefit of a meaningful relationship with both. A judge would not be criticised for identifying that, as a very weighty, relevant factor, the significance of the parenthood of an unmarried father should not be under estimated." 35. Within the foregoing context, it is also important when considering an application to terminate the parental responsibility of an unmarried father to have regard to the shared nature of parental responsibility when the same is conferred upon both parents. In this context, in Re W (Direct Contact)[2013] 1 FLR 494 at [80] McFarlane LJ (as he then was) observed as follows: "
“1) The father made an oral application to seek a different children’s guardian. This was refused. 2) Father provided a speech and language assessment, it was encouraged to provide this to his solicitors dealing with the committal application. 3) The father informed the court that he has been sending gifts to [B] via the paternal grandmother who has been posting the gifts. 4) The father informed the court that he was not aware of the order made on3rd April 2023 for indirect contact via the paternal grandmother which the court did not accept as he was present at the final hearing when the said order was made. 5) The father refused to follow the order of HHJ Lieven (sic) and wanted to amend this order which was refused. 6) The father was shouting and interrupting repeatedly during the course of the hearing and refusing to listen to the Judge meaning he was disconnected. 7) The court requested a detailed statement from the mother setting out the reasons for her application so the father could understand why the mother is seeking the orders she does.”