Jonathan Bott has represented the mother in an application made by the father, an Australian national, for an order under article 21 of the Hague Convention on the Protection of Children 1996, and furthermore a s8 order for contact under the Children Act 1989.
This is Jonathan’s second successful opposition of an application by an Australian national against a UK based mother in the last 6 months.
In this matter, initially heard in the High Court and then in the Manchester Family Court, Jonathan argued on behalf of his client that not only should there be a ‘no contact order’ under s8 of the Children Act, but there should be a s91(14) order prohibiting the father from making further application during the child’s minority and moreover that the father’s Parental Responsibility should be terminated pursuant to s4(2A) of the Children Act.
Termination of Parental Responsibility is a draconian measure, only available where fathers have not been married to the mother and is considered in a number of cases, most recently in the case of B and C (Change of Names- Parental Responsibility- Evidence)  EWHC 3250 (Fam).
Following legal argument, the court agreed to dismiss the Hague Convention application, made a no contact order and a s91 (14) order and in addition the father’s parental responsibility was terminated. Jonathan also was able to secure a non-molestation order against the father, applied in the face of the court.