James Dove in Royal Borough of Windsor and Maidenhead v Mother & Ors [2026] EWFC 16
13th Mar 2026 | Cases
James Dove, instructed by Fort & Co, appeared for the Respondent Mother before HHJ Richard Case sitting as a Deputy High Court Judge in care proceedings concerning three children.
The proceedings followed an earlier fact finding hearing at which the court made extensive findings of serious domestic abuse, coercive and controlling behaviour, substance misuse and neglect, primarily perpetrated by the father. The court found that the mother had been subjected to prolonged physical, sexual and emotional abuse and that the children had suffered emotional and educational harm.
By the final hearing the children were living with their mother in Sweden, where they had settled with the support of the maternal family. The local authority no longer pursued care orders and instead supported the mother’s applications for a child arrangements order, continuation of protective measures and the removal of the father’s parental responsibility.
On behalf of the mother it was submitted that, in light of the findings of severe abuse, the father’s continued hostility and his failure to engage with professionals, the retention of parental responsibility was contrary to the children’s welfare and was actively impeding decisions relating to their care and legal status in Sweden. The court accepted those submissions.
The court made a child arrangements order for the children to live with their mother, granted permission for their permanent removal to Sweden, removed the father’s parental responsibility and made a further non molestation order protecting the mother and the children.
The case involved the rare step of removing a father’s parental responsibility following findings of serious domestic abuse and coercive and controlling behaviour.
