C (A Child: Parental Order & Child Arrangements Order)

C (A Child: Parental Order & Child Arrangements Order)

A parental order is made in favour of both parents despite their separation, as de facto family life exists and the statutory criteria must be interpreted compatibly with Convention rights. The mother’s application to re-open findings of fact is dismissed as wholly without merit. No findings of financial, coercive, or controlling abuse by the father are made. It is in C’s welfare best interests to live with his father and have regular contact with his mother. The instruction of an expert to advise on C’s introduction to his half-siblings is permitted. The local authority is discharged as intervenor.

Parties
Applicant/father: A; 1st Respondent/mother: B; 2nd Respondent/child: C (A Child acting through his Children’s Guardian); Intervenor: A Local Authority
Jurisdiction
England and Wales
Judgment Date
17 April 2020
Procedural Posture
Family Law Parental Order and Child Arrangements / Welfare Hearing Following Fact Finding and Interlocutory Applications
Outcome
Parental order granted; child arrangements order made; application to re-open findings dismissed; interim orders pending expert report; local authority discharged as intervenor.
Legal Topics
Parental Orders, Child Arrangements, Surrogacy Agreements, Re Opening Findings of Fact, Domestic Abuse Allegations
Family Law Child Law Surrogacy Parental Orders Child Arrangements Surrogacy Agreements Re Opening Findings of Fact Domestic Abuse Allegations

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Parties

A

Applicant/father

B

1st Respondent/mother

C (A Child acting through his Children’s Guardian)

2nd Respondent/child

A Local Authority

Intervenor

Procedural Posture

Family Law Parental Order and Child Arrangements / Welfare Hearing Following Fact Finding and Interlocutory Applications

Legal Issues

  1. 1 Whether a parental order should be made where parents are separated and child does not live with both
  2. 2 Whether findings of fact regarding domestic abuse and consent to surrogacy should be re-opened
  3. 3 Appropriate child arrangements for C

Ratio Decidendi

A parental order is made in favour of both parents despite their separation, as de facto family life exists and the statutory criteria must be interpreted compatibly with Convention rights. The mother’s application to re-open findings of fact is dismissed as wholly without merit. No findings of financial, coercive, or controlling abuse by the father are made. It is in C’s welfare best interests to live with his father and have regular contact with his mother. The instruction of an expert to advise on C’s introduction to his half-siblings is permitted. The local authority is discharged as intervenor.

Court Disposition

Parental order granted; child arrangements order made; application to re-open findings dismissed; interim orders pending expert report; local authority discharged as intervenor.

Orders

  • Parental order in favour of both parents for C
  • Child arrangements order: C to live with father, weekly contact with mother (Friday 9:30am-1:30pm and weekly indirect contact)