Tue 11 Sep 2007
Very significant finding by the High Court. An unmarried father who’s children were taken from the country by their mother has had his rights vindicated. The children were in his custody and he had initiated guardianship proceedings when she did this.
For those that don’t know it already unmarried fathers had no natural rights whatsoever over their children. I’m one myself so I know this to be true. A court order or signed and notarised declaration of guardianship (the latter has to be agreed by the mother) is required to acquire any guardianship rights regardless of being named on the birth cert or not. Now this has changed. The High Court has ruled that the abduction of the children by their mother was unlawful and in breach of the Hague Convention.
There is bound to be some immediate fallout from this - not least being that the Government now must implement the provisions of various reports over the years recommending changes in how unmarried fathers are regarded in the eyes of the law. And not before time. No father should have to go to court in order to be regarded as a father. The default position should be the other way around - a court order must be granted to restrict rights - unlike the present position where there are none. Until now.