were not
married to, or civil partners of, each other at the time of his birth, the father shall acquire parental responsibility for the child if—(a) he becomes registered as the child’s father under any of the enactments specified in subsection (1A);(b) he and the child’s mother make an agreement (a “parental responsibility agreement”) providing for him to have parental responsibility for the child; or(c) the court, on his application, orders that he shall have parental responsibility for the child”Section 4(2)(A) provides: “A person who has acquired parental responsibility under subsection (1) shall cease to have that responsibility only if the court so orders.”6.Accordingly, as Section 4(1) only applies if the parents were not married at the time of the birth, the provisions of Section 4(2)(A) are not engaged. This is undoubtedly anomalous. The question has been raised as to whether such a distinction between married and unmarried parents is compatible with the European Convention on Human Rights. The matter has been considered by Russell J in
- Approved Judgment
- MR JUSTICE HAYDEN:
- F v M [2021] EWFC 4
- H-N and others (Children) (Domestic Abuse: Finding of Fact Hearings) (Rev 2) [2021] EWCA Civ 448
- Section 2(1) Children Act 1989
- “Acquisition of parental responsibility by father.
- were not
- Re A and B (Children: Restrictions on Parental Responsibility: Radicalisation and Extremism) [2016] 2 FLR 977
- MZ v FZ and others [2022] All ER (D) 130.
- Sheikh Mohammed v Princess Haya [2021] EWHC 3480 (Fam)
- F v M [2021] EWHC 3133
- “Child arrangements (spends time with) order (Children Act 1989, section 8)
- Prohibited steps order (Children Act 1989, section 8)
- Further applications (Children Act 1989, section 91(14))
- Non-molestation order (Family Law Act 1996, section 42)
- Order for disclosure (Family Procedure Rules 2010, rule 12.73(1)(b)
- Re A (A Child) (Supervised Contact) (Section 91(14) Children Act 1989 Orders) [2021] EWCA Civ 1749
- Section 91(14) orders: further provision
