NW (Care Proceedings) [2018] EWFC B83 (22 August 2018)

NW (Care Proceedings) [2018] EWFC B83 (22 August 2018)

The court found that the mother had subjected the children to ongoing emotional abuse by making false and damaging allegations against the father, influencing the children to make similar allegations, and failing to support their relationship with their father. The threshold for intervention under section 31(2) Children Act 1989 was met. The evidence from social workers, independent experts, and the Guardian was preferred over the mother's evidence, which was found to be unreliable and dishonest in material respects. The welfare of the children required a transfer of residence to the father, with a supervision order and a Section 91(14) order against the mother to prevent further harmful...

Citation
[2018] EWFC B83
Parties
Applicant Local Authority: London Borough of Sutton; First Respondent (mother): NW; Second Respondent (father): VR; Children (by Guardian): CF, JQ, TE (children, by Guardian Mr Witchlow)
Jurisdiction
England and Wales
Judgment Date
22 August 2018
Procedural Posture
Public Law Children Proceedings (care/supervision/child Arrangements) / Final Hearing and Judgment
Outcome
Application granted. Children to reside with father under a Child Arrangements Order. Supervision order and Section 91(14) order made.
Legal Topics
Child Arrangements Order, Supervision Order, Section 91(14) Order, Emotional Abuse, Threshold Criteria, Welfare of the Child
Family Law Child Protection Child Arrangements Order Supervision Order Section 91(14) Order Emotional Abuse Threshold Criteria Welfare of the Child

Case Brief

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Parties

London Borough of Sutton

Applicant Local Authority

NW

First Respondent (mother)

VR

Second Respondent (father)

CF, JQ, TE (children, by Guardian Mr Witchlow)

Children (by Guardian)

Procedural Posture

Public Law Children Proceedings (care/supervision/child Arrangements) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether threshold under section 31(2) Children Act 1989 is met
  2. 2 Whether children have suffered or are at risk of suffering significant harm
  3. 3 Whether children should be placed with father or mother

Ratio Decidendi

The court found that the mother had subjected the children to ongoing emotional abuse by making false and damaging allegations against the father, influencing the children to make similar allegations, and failing to support their relationship with their father. The threshold for intervention under section 31(2) Children Act 1989 was met. The evidence from social workers, independent experts, and the Guardian was preferred over the mother's evidence, which was found to be unreliable and dishonest in material respects. The welfare of the children required a transfer of residence to the father, with a supervision order and a Section 91(14) order against the mother to prevent further harmful...

Court Disposition

Application granted. Children to reside with father under a Child Arrangements Order. Supervision order and Section 91(14) order made.

Orders

  • Child Arrangements Order: children to live with father (VR)
  • Supervision Order: duration six months