T v K [2024] EWFC 454 (B) (13 December 2024)

T v K [2024] EWFC 454 (B) (13 December 2024)

A global psychological assessment was refused as unnecessary and contrary to B's welfare due to delay and lack of evidence of parental manipulation. Parental responsibility was granted to the father based on demonstrated commitment, sufficient attachment, and proper motives, with the welfare checklist supporting the order. No restrictions were placed on the father's exercise of parental responsibility, as there was no evidence of risk or misuse. The mother's address was ordered to be disclosed to the father, with undertakings and safeguards in place. Passports were to be released with an undertaking from the mother to notify the father of travel.

Citation
[2024] EWFC 454 (B)
Parties
Applicant Father: T; Respondent Mother: K; Child: B (child, by Guardian)
Jurisdiction
England and Wales
Judgment Date
13 December 2024
Procedural Posture
Children Act 1989 Proceedings (parental Responsibility, Child Arrangements, Specific Issue) / Final Hearing and Judgment
Outcome
Parental responsibility granted to the father; no order on contact; lives with order for mother; mother's address to be disclosed to father; passports to be released; undertakings accepted.
Legal Topics
Parental Responsibility, Child Arrangements Order, Welfare Checklist, Psychological Assessment, Disclosure of Address, Passports, Prohibited Steps Order, Specific Issue Order
Family Law Child Law Parental Responsibility Child Arrangements Order Welfare Checklist Psychological Assessment Disclosure of Address Passports +2 more

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Parties

T

Applicant Father

K

Respondent Mother

B (child, by Guardian)

Child

Procedural Posture

Children Act 1989 Proceedings (parental Responsibility, Child Arrangements, Specific Issue) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether to order a global psychological assessment of the family
  2. 2 Whether to grant the father parental responsibility for B
  3. 3 Whether to release the mother and B's passports

Ratio Decidendi

A global psychological assessment was refused as unnecessary and contrary to B's welfare due to delay and lack of evidence of parental manipulation. Parental responsibility was granted to the father based on demonstrated commitment, sufficient attachment, and proper motives, with the welfare checklist supporting the order. No restrictions were placed on the father's exercise of parental responsibility, as there was no evidence of risk or misuse. The mother's address was ordered to be disclosed to the father, with undertakings and safeguards in place. Passports were to be released with an undertaking from the mother to notify the father of travel.

Court Disposition

Parental responsibility granted to the father; no order on contact; lives with order for mother; mother's address to be disclosed to father; passports to be released; undertakings accepted.

Orders

  • Lives with order in favour of mother
  • Parental responsibility order in favour of father