S (A Child), Re

S (A Child), Re

Balancing the welfare checklist factors, the court found that S had suffered and was at risk of further emotional harm due to alienation from his father, and that the mother lacked the capacity or motivation to restore the relationship. Although a transfer of residence would cause short-term distress, the long-term welfare of S would be better served by living with his father, who was more likely to meet the full range of S’s needs. The court therefore ordered a change of residence to the father.

Parties
Applicant/father: SH; First Respondent/mother: TE; Second Respondent/child: S (by his guardian ad litem, the National Youth Advocacy Service)
Jurisdiction
England and Wales
Judgment Date
04 January 2010
Procedural Posture
Family / Judgment on Application for Residence Order
Outcome
Application for residence order granted; S to live with his father.
Legal Topics
Residence Orders, Contact Orders, Parental Responsibility, Child Alienation, Welfare of the Child, Best Interests Principle
Family Law Child Welfare Residence Orders Contact Orders Parental Responsibility Child Alienation Welfare of the Child Best Interests Principle

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Parties

SH

Applicant/father

TE

First Respondent/mother

S (by his guardian ad litem, the National Youth Advocacy Service)

Second Respondent/child

Procedural Posture

Family / Judgment on Application for Residence Order

Legal Issues

  1. 1 Whether to transfer residence of S from mother to father
  2. 2 Assessment of risk of emotional harm to S in both current and proposed arrangements
  3. 3 Weight to be given to S's expressed wishes and feelings

Ratio Decidendi

Balancing the welfare checklist factors, the court found that S had suffered and was at risk of further emotional harm due to alienation from his father, and that the mother lacked the capacity or motivation to restore the relationship. Although a transfer of residence would cause short-term distress, the long-term welfare of S would be better served by living with his father, who was more likely to meet the full range of S’s needs. The court therefore ordered a change of residence to the father.

Court Disposition

Application for residence order granted; S to live with his father.

Orders

  • Residence order in favour of the father (SH) for S to live with him.
  • Arrangements for transfer of S’s care to be determined after further submissions.