B (Discharge of Care Order) [2019] EWFC B39 (15 March 2019)

B (Discharge of Care Order) [2019] EWFC B39 (15 March 2019)

The court found that the mother's behaviour, including harassment and attempts to destabilise J's placement, posed a significant risk of emotional harm to J if direct contact continued. The only viable placement for J is with his aunts, who cannot manage direct contact with the mother. The welfare of J requires the discharge of the Care Order, the making of a Special Guardianship Order in favour of his aunts, the cessation of direct contact with the mother, and the imposition of a section 91(14) order to protect J and his carers from further disruptive litigation and behaviour by the mother.

Citation
[2019] EWFC B39
Parties
Applicant Mother: M (Mother); Respondent Local Authority: Local Authority; Respondent Father: F (Father); Respondent Child: J (Child)
Jurisdiction
England and Wales
Judgment Date
15 March 2019
Procedural Posture
Family Law Children Act Proceedings / Final Hearing and Determination of Multiple Applications
Outcome
Care Order discharged; Special Guardianship Order made in favour of J's aunts; direct contact between J and the mother refused; section 91(14) order imposed against the mother.
Legal Topics
Care Orders, Special Guardianship Orders, Contact Arrangements, Section 91(14) Orders, Welfare of the Child
Family Law Child Law Care Orders Special Guardianship Orders Contact Arrangements Section 91(14) Orders Welfare of the Child

Case Brief

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Parties

M (Mother)

Applicant Mother

Local Authority

Respondent Local Authority

F (Father)

Respondent Father

J (Child)

Respondent Child

Procedural Posture

Family Law Children Act Proceedings / Final Hearing and Determination of Multiple Applications

Legal Issues

  1. 1 Whether to discharge the Care Order and replace it with a Special Guardianship Order for J's aunts
  2. 2 Whether to permit or refuse direct contact between J and his mother
  3. 3 Whether to impose a section 91(14) order restricting the mother's ability to make further applications without leave of the court

Ratio Decidendi

The court found that the mother's behaviour, including harassment and attempts to destabilise J's placement, posed a significant risk of emotional harm to J if direct contact continued. The only viable placement for J is with his aunts, who cannot manage direct contact with the mother. The welfare of J requires the discharge of the Care Order, the making of a Special Guardianship Order in favour of his aunts, the cessation of direct contact with the mother, and the imposition of a section 91(14) order to protect J and his carers from further disruptive litigation and behaviour by the mother.

Court Disposition

Care Order discharged; Special Guardianship Order made in favour of J's aunts; direct contact between J and the mother refused; section 91(14) order imposed against the mother.

Orders

  • Care Order in respect of J is discharged.
  • Special Guardianship Order made in favour of J's aunts.