Father granted permission to appeal against removal of his parental rights

Royal CourtsThe Court of Appeal has granted a father permission to appeal against the termination of his parental rights.

In the case of CW v SG, the father had lost his parental rights in relation to his biological son, called ‘D’ in case reports. The father had been convicted of the sexual abuse of his two of his partner’s daughters and was sentenced to four years in prison.

Mr Justice Baker concluded that the boy’s emotional needs and sense of security within his extended family would be threatened by an active relationship with his father following the conviction. The judge  rejected a claim that the removal would breach the father’s rights under the European Convention on Human Rights because the parents were unmarried.

However, the Court of Appeal will now reconsider that conclusion.

It was the first removal of a parent’s legal rights, under section 4(2A) of the Children Act, since 1995. In that case, Re P, the judge terminated the parental responsibility of a father who had been sent to prison for injuring his child.

Photo by Elliott Brown via Flickr under a Creative Commons licence

 

 

Marilyn Stowe

The senior partner at Stowe Family Law, Marilyn Stowe is one of Britain’s best known divorce lawyers with clients throughout the country, in Europe, the Far East and the USA.

View more from this author

2 comments

Lukey - June 30, 2013 at 1:27am

I don’t see how the guy can be allowed to see his son whilst he is young, I don’t care how badly the father feels about it – he was found guilty of child abuse.

Paul - June 30, 2013 at 9:55am

What about the boy? Does it matter whether he has a father or not? Does the boy grow up to be told his father wasn’t fit enough to be a father to him?

What about rehabilitation of offenders?

How would you like to be severed from any contact with a parent whom, presumably, you naturally looked up to and loved?

Leave a comment