M (A Child), Re (No. 2) [2024] EWFC 99 (B) (02 May 2023)

M (A Child), Re (No. 2) [2024] EWFC 99 (B) (02 May 2023)

The care order is discharged as Alice is a capable parent and continued state intervention is unwarranted; a supervision order is made for 12 months to support Mary; contact between Mary and Bethany must remain supervised due to ongoing risks posed by Bethany's conduct and lack of change; Alice is granted final decision-making authority regarding supervision and venue of contact; a section 91(14) order is imposed for 5 years to prevent further disruptive applications by Bethany; specific issue orders are made to enable Alice to exercise parental responsibility without Bethany's consent in key areas.

Citation
[2024] EWFC 99 (B)
Parties
Applicant/parent: Alice; Respondent/parent: Bethany; Child: Mary; Interested Party: Local Authority; Guardian: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
02 May 2023
Procedural Posture
Children Act Proceedings (care Order, Contact, Discharge, Section 91(14)) / Final Hearing and Judgment
Outcome
Care order discharged; supervision order for 12 months; child arrangements order for Mary to live with Alice; supervised contact for Bethany; section 91(14) order for 5 years; specific issue orders in favour of Alice.
Legal Topics
Care Order Discharge, Child Arrangements Order, Supervision Order, Section 91(14) Order, Parental Responsibility, Contact With Child in Care
Family Law Child Law Care Order Discharge Child Arrangements Order Supervision Order Section 91(14) Order Parental Responsibility Contact With Child in Care

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Parties

Alice

Applicant/parent

Bethany

Respondent/parent

Mary

Child

Local Authority

Interested Party

Children's Guardian

Guardian

Procedural Posture

Children Act Proceedings (care Order, Contact, Discharge, Section 91(14)) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the care order for Mary should be discharged
  2. 2 What private law orders are required for Mary's welfare
  3. 3 Arrangements for contact between Mary and Bethany

Ratio Decidendi

The care order is discharged as Alice is a capable parent and continued state intervention is unwarranted; a supervision order is made for 12 months to support Mary; contact between Mary and Bethany must remain supervised due to ongoing risks posed by Bethany's conduct and lack of change; Alice is granted final decision-making authority regarding supervision and venue of contact; a section 91(14) order is imposed for 5 years to prevent further disruptive applications by Bethany; specific issue orders are made to enable Alice to exercise parental responsibility without Bethany's consent in key areas.

Court Disposition

Care order discharged; supervision order for 12 months; child arrangements order for Mary to live with Alice; supervised contact for Bethany; section 91(14) order for 5 years; specific issue orders in favour of Alice.

Orders

  • Discharge of care order for Mary
  • Supervision order for 12 months