S (A Child) [2015] EWFC B212 (13 February 2015)

S (A Child) [2015] EWFC B212 (13 February 2015)

The court has jurisdiction as S is habitually resident in the UK; it is in S's welfare to live with Mr and Mrs L, who have cared for him for six years, and there is no prejudice to the absent parents. A child arrangements order is granted in favour of Mr and Mrs L until S's eighteenth birthday.

Citation
[2015] EWFC B212
Parties
Applicants: Mr and Mrs L; Subject Child: S; Sister of S: M
Jurisdiction
England and Wales
Judgment Date
13 February 2015
Procedural Posture
Child Arrangements Order Application / Judgment on Application
Outcome
Application granted
Legal Topics
Child Arrangements Order, Parental Responsibility, Jurisdiction, Welfare of the Child
Family Law Child Arrangements Order Parental Responsibility Jurisdiction Welfare of the Child

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Parties

Mr and Mrs L

Applicants

S

Subject Child

M

Sister of S

Procedural Posture

Child Arrangements Order Application / Judgment on Application

Legal Issues

  1. 1 Whether the court has jurisdiction to make a child arrangements order for S
  2. 2 Whether service on the parents should be dispensed with
  3. 3 Whether it is in S's welfare to make a child arrangements order in favour of Mr and Mrs L

Ratio Decidendi

The court has jurisdiction as S is habitually resident in the UK; it is in S's welfare to live with Mr and Mrs L, who have cared for him for six years, and there is no prejudice to the absent parents. A child arrangements order is granted in favour of Mr and Mrs L until S's eighteenth birthday.

Court Disposition

Application granted

Orders

  • Leave granted to Mr and Mrs L to apply for a child arrangements order
  • Child arrangements order made: S to live with Mr and Mrs L until his eighteenth birthday