Court Orders 5-Year-Old To Retain Surname Of Father Who Raped Her Mother

A UK High Court judge has ruled that a five-year-old girl must continue using her father’s surname, even though he was convicted of raping her mother.

Justice Peel upheld the previous decision on appeal, saying that the child’s surname is an important part of her identity and connection to her family.

The ruling stands despite the father’s history of serious domestic abuse, including rape and threats.

The girl, referred to in court as D, has not had contact with her father since December 2021.

The child’s mother expressed frustration at the ruling with her lawyer, Charlotte Proudman, telling The Times that the judgment suggests “a rapist’s rights are being placed above the victim’s.”

The original family court hearing found that the father committed four severe incidents of sexual abuse against the mother between 2015 and 2017.

These included forcing intercourse despite her repeated refusals and protests, and continuing even as she cried in pain.

The court also accepted evidence that he was verbally abusive and threatening throughout their relationship.

ALSO READ: Tired Of Trying? How To Know It’s Time To Stop Fixing A Failing Relationship

In September 2021, for example, the father threatened that if he lost control, he might harm the mother and her family, including the child. He later reportedly swore at them, leaving both mother and daughter terrified.

Despite this, Family Recorder Judge Laura Moy ruled in March that changing the girl’s surname would unnecessarily break her connection to her father and paternal family.

She said the name was an integral part of the child’s sense of identity.

The judge also noted that the father denied the court’s findings, dismissing them as “allegations” and referring to the abuse as “marital rape,” despite repeated warnings to stop.

The mother appealed, arguing that forcing her daughter to keep the father’s surname would cause emotional harm.

During the appeal, Justice Peel stated that Judge Moy had fully considered the abuse and the mother’s trauma before reaching her decision.

The appeal court found no reason to overturn the original ruling.

ALSO READ: 10 Inspiring Quotes From Musicians That Also Serve As Life Lessons

However, Justice Peel did reverse Judge Moy’s decision on a non-molestation order.

He noted that the father allegedly breached the injunction, which is now being investigated criminally, and an ongoing police investigation is examining his past assaults.

The protection order will remain in place until 2027. The father was also ordered to pay £5,000 toward the mother’s legal costs, out of a total of £13,000.

Dr. Proudman, speaking to Metro, criticized the outcome as part of a wider problem in family courts, saying that such decisions often disadvantage survivors of domestic abuse and fail to consider trauma.

She called the requirement for the child to keep the surname “arguably abusive” and warned that the ruling could have serious psychological effects for both mother and daughter.

She added that while the decision may shock the public, outcomes like this continue to occur routinely in family courts, often behind closed doors.

ALSO READ: 5 Underrated European Countries You Can Move To Without Breaking The Bank