Sex offender can resume parental responsibility for child, court rules

The woman sought an order for an end to the father’s parental responsibility over the five-year-old girl, claiming she would be re-traumatised by his continued involvement.

Refusing the application, a judge said she had not demonstrated it was a proportionate step.

However, Mr Justice McFarland prohibited the man from exercising parental responsibility for a one-year period.

The girl at the centre of the case, who cannot be identified, was born in 2016.

Later that year her father committed serious offences against her mother in the couple’s bedroom while she was pregnant with their second child.

He subsequently pleaded guilty at Dungannon Crown Court to common assault and causing the woman to engage in sexual activity.

The man was jailed for a period and remains on the sex offenders register.

Defined as a parent’s legal rights, duties, powers, and authority to their child and his property, any removal of parental responsibilities does not automatically prevent contact.

The woman applied for an order against her ex-partner because of what she described as the enduring impact of the offending on her and her family life.

She is currently living at a confidential address and fears that any information about their could reveal that location, the court heard.

Concerns were also raised about a random meeting with the father, along with his alleged drug misuse and controlling behaviour.

The mother stated that she is “terrified” of him.

In response, the man insisted that he is remorseful for his past conduct and has served his punishment, including a period on licence without any re-offending.

Delivering judgment, Mr Justice McFarland pointed out that parental responsibility does not equate to parentage.

He acknowledged the woman had experienced a “harrowing incident” five years ago.

But he ruled that she had not shown her child would be directly and adversely impacted by the father exercising parental authority.

The judge confirmed: “I am not satisfied that the mother has shown that it is proportionate to terminate the father’s parental responsibility for the child. Her application is therefore dismissed.”

As part of moves aimed at reassuring the woman and helping her recovery he went on: “I make a prohibited steps order... prohibiting the father from taking any steps in the exercise of any aspect of his parental responsibility for the child for a period of one year.” ends