P (teenager: transfer of residence: number 2), Re
P shall live with F, as only F is currently able to provide the necessary safe, stable, and boundaried environment to meet P's emotional, physical, and educational needs and protect her from further harm. M's lack of insight, continued hostility, and failure to engage with required therapy mean she cannot meet P's needs. Ancillary protective orders (PSO, SIO, non-molestation, recovery) are necessary and will remain in force until P is 18 due to exceptional circumstances. Section 91(14) orders are made against both parents to prevent further harmful litigation. M is ordered to pay 50% of expert report costs but not therapy costs. Costs of supervised contact, if ordered, will be borne...
- Parties
- Applicant Father: F; First Respondent Mother: M; Second Respondent Child: P
- Jurisdiction
- England and Wales
- Judgment Date
- 11 June 2024
- Procedural Posture
- Children Act 1989 Private Law Proceedings / Final Hearing Judgment
- Outcome
- Final orders made; P to live with F; ancillary orders extended; section 91(14) orders made; costs orders as specified; judgment to be published.
- Legal Topics
- Child Arrangements, Welfare of the Child, Section 91(14) Orders, Supervised Contact, Parental Responsibility, Therapy Costs, Reporting of Judgments
Case Brief
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Parties
F
Applicant Father
M
First Respondent Mother
P
Second Respondent Child
Procedural Posture
Children Act 1989 Private Law Proceedings / Final Hearing Judgment
Legal Issues
- 1 Appropriate living arrangements for P
- 2 Whether a section 91(14) order should be made and its duration
- 3 Need for protective orders (section 8, non-molestation, recovery) and their scope/duration
Ratio Decidendi
P shall live with F, as only F is currently able to provide the necessary safe, stable, and boundaried environment to meet P's emotional, physical, and educational needs and protect her from further harm. M's lack of insight, continued hostility, and failure to engage with required therapy mean she cannot meet P's needs. Ancillary protective orders (PSO, SIO, non-molestation, recovery) are necessary and will remain in force until P is 18 due to exceptional circumstances. Section 91(14) orders are made against both parents to prevent further harmful litigation. M is ordered to pay 50% of expert report costs but not therapy costs. Costs of supervised contact, if ordered, will be borne...
Court Disposition
Final orders made; P to live with F; ancillary orders extended; section 91(14) orders made; costs orders as specified; judgment to be published.
Orders
- P to live with F under a 'lives with' order until age 18
- Prohibited Steps Order (PSO), Specific Issue Order (SIO), Non-Molestation Order, and Recovery Order to remain in force until P is 18
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