A mother who said she was repeatedly raped and threatened by the father of her child has lost her appeal to prevent the father from being notified about care proceedings involving their daughter.
The mother, who told the court that their daughter was conceived through non-consensual sex (rape), said the father had threatened to kill their daughter unless she had an abortion.
The father, who is married to another woman, warned the mother in a text that if anything was said to alert his wife to the pregnancy, “you will see a very, very different side of me”. The father then blocked the mother’s telephone number, and has not played any role in his child’s life since.
Prior to the mother raising her appeal, a judge in the High Court ruled that the threats and perceived fears around the mother’s and the child’s safety were unfounded because the threats, several of which were published on social media, had not currently been followed up with any physical action by the father.
Judge Wood also said it was important for the child to know her father, because of her mixed-race heritage.
Concluding his reasoning, Wood said, “I am not satisfied that this is an exceptional case. I am not satisfied that the risk in this instance is of such an order that it cannot be managed, and appropriate measures put in place.”
You can read the judgment, which is relatively short, on BAILII.
A good summary of the judgment is also available on Local Government Lawyer.
Paul Brian Tovey said:
No, I do not think a man has rights to be around a daughter or mother when he has raped the mother into conception of the child .. I do think the daughter has right to know the father after she is 18 and that is for her then
..Once again judges live on Cuckoo Tower in the clouds somewhere ..It’s almost like patients in wards escaped and are deluding everyone they are Judges…
Ian Josephs said:
I am not sure about this.How come this woman was “repeatedly raped” by a man married to someone else ,? Could she not have reported him and had him charged with rape? There are two sides to every story so what did the “father” have to say? She did not do much to defend herself keeping the rapes secret from the man’s wife….
How come she was raped repeatedly when she could have reported it the first time?
I agree that rapists should have no rights over babies conceived that way but did he really repeatedly rape her ,threaten her to force an abortion and then suddenly want to be involved in care proceedings?
I reckon that In the absence of any criminal charges or convictions the man should be notified of care proceedings………….. Court secrecy can rarely be justified