R-G (Discharge of care order) [2014] EWCC B71 (Fam) (04 April 2014)

R-G (Discharge of care order) [2014] EWCC B71 (Fam) (04 April 2014)

Given the mother's vulnerability, the father's history of violence, the negative impact of contact on the mother's mental health, and A's clear wishes, it is not in A's welfare to reintroduce direct contact with his father. The care order is discharged, a joint residence order is made to the mother and grandmother, and only limited indirect contact is permitted.

Citation
[2014] EWCC B71 (Fam)
Parties
Mother: B; Father: C; Maternal Grandmother: D; Local Authority Key Social Worker: E; Guardian: F; Child: A
Jurisdiction
England and Wales
Judgment Date
04 April 2014
Procedural Posture
Care Order Discharge and Contact Application / Final Hearing
Outcome
Care order discharged; joint residence order to mother and grandmother; no direct contact; limited indirect contact to be facilitated; costs assessment ordered.
Legal Topics
Care Orders, Residence Orders, Contact With Children, Parental Responsibility, Welfare of the Child
Family Law Child Welfare Care Orders Residence Orders Contact With Children Parental Responsibility Welfare of the Child

Case Brief

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Parties

B

Mother

C

Father

D

Maternal Grandmother

E

Local Authority Key Social Worker

F

Guardian

A

Child

Procedural Posture

Care Order Discharge and Contact Application / Final Hearing

Legal Issues

  1. 1 Whether to discharge the care order for A
  2. 2 Whether to grant direct or indirect contact between A and his father C
  3. 3 Whether to make a residence order and in whose favour

Ratio Decidendi

Given the mother's vulnerability, the father's history of violence, the negative impact of contact on the mother's mental health, and A's clear wishes, it is not in A's welfare to reintroduce direct contact with his father. The care order is discharged, a joint residence order is made to the mother and grandmother, and only limited indirect contact is permitted.

Court Disposition

Care order discharged; joint residence order to mother and grandmother; no direct contact; limited indirect contact to be facilitated; costs assessment ordered.

Orders

  • Care order in relation to A is discharged.
  • Joint residence order made in favour of mother and maternal grandmother.