X (Discharge of Care Order), Re [2015] EWFC B86 (06 March 2015)

X (Discharge of Care Order), Re [2015] EWFC B86 (06 March 2015)

Mother has not demonstrated a material change in circumstances or ability to meet X's needs or work with agencies; X's welfare requires continued care order and placement with foster carers; defined contact order is appropriate to clarify expectations.

Citation
[2015] EWFC B86
Parties
Applicant/mother: D; Respondent/local Authority: Buckinghamshire County Council; Child's Guardian: Sylvia Baker (Guardian)
Jurisdiction
England and Wales
Judgment Date
06 March 2015
Procedural Posture
Application for Discharge of Care Order and Contact Order / Judgment After Adjourned Hearing
Outcome
Application for discharge of care order refused; defined contact order made; permission to appeal refused.
Legal Topics
Care Orders, Discharge of Care Orders, Contact Orders, Children Act 1989, Welfare of the Child
Family Law Child Law Care Orders Discharge of Care Orders Contact Orders Children Act 1989 Welfare of the Child

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Parties

D

Applicant/mother

Buckinghamshire County Council

Respondent/local Authority

Sylvia Baker (Guardian)

Child's Guardian

Procedural Posture

Application for Discharge of Care Order and Contact Order / Judgment After Adjourned Hearing

Legal Issues

  1. 1 Whether there has been a material change in circumstances justifying discharge of the care order
  2. 2 Whether X's welfare requires discharge of the care order
  3. 3 Whether a defined contact order should be made

Ratio Decidendi

Mother has not demonstrated a material change in circumstances or ability to meet X's needs or work with agencies; X's welfare requires continued care order and placement with foster carers; defined contact order is appropriate to clarify expectations.

Court Disposition

Application for discharge of care order refused; defined contact order made; permission to appeal refused.

Orders

  • Refusal of application to discharge care order
  • Defined contact order: X to see mother not less than six times a year during school holidays