The WLR Daily case summaries
[2023] WLR(D) 270
Court of Appeal
In re A (Parental Responsibility)
[2023] EWCA Civ 689
2023 March 29, 30; June 16
Sir Andrew McFarlane P, Moylan, Dingemans LJ
Children— Parental responsibility— Father— Children born to married parents— Father abusing mother and children— Court having no power to remove parental responsibility of father where married to mother at time of children’s birth— Court instead making orders curtailing father’s exercise of parental responsibility— Whether statutory scheme discriminating between married and unmarried parents with regard to revocation of parental responsibility— Whether discrimination justified— Whether declaration of incompatibility to be made—
Children Act 1989 (c 41), s 2
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Human Rights Act 1998 (c 42), s 4, Sch 1, Pt I, arts 8, 14