SC (a child), Re

SC (a child), Re

Given S's clear wishes to remain with her mother, her established settlement and social network in England, and the lack of compelling evidence that unsupervised contact would harm her welfare, the court ordered a residence order in favour of the mother and unsupervised contact for the father. The father's applications for immediate residence and leave to remove S to the USA were dismissed as contrary to S's best interests and wishes.

Parties
Applicant/respondent: F (Father); Respondent/applicant: M (Mother); Subject Child: S (Child); Guardian Ad Litem: Guardian (CAFCASS)
Jurisdiction
England and Wales
Judgment Date
14 October 2005
Procedural Posture
Child Residence and Contact (family) / Final Judgment After Trial on Residence and Contact Following Hague Convention and Children Act 1989 Proceedings
Outcome
Residence order in favour of the mother; unsupervised contact order for the father; father's applications for immediate residence and leave to remove dismissed.
Legal Topics
Residence Order, Contact Order, Leave to Remove, Hague Convention 1980, Children Act 1989 S1, Human Rights Act 1998 S6, Article 8 ECHR, Habitual Residence, Child's Wishes and Feelings, Supervised Vs Unsupervised Contact
Family Law International Child Abduction Children Law Human Rights Residence Order Contact Order Leave to Remove Hague Convention 1980 +6 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

F (Father)

Applicant/respondent

M (Mother)

Respondent/applicant

S (Child)

Subject Child

Guardian (CAFCASS)

Guardian Ad Litem

Procedural Posture

Child Residence and Contact (family) / Final Judgment After Trial on Residence and Contact Following Hague Convention and Children Act 1989 Proceedings

Legal Issues

  1. 1 Whether the child S should reside with the mother or father
  2. 2 Whether the father should have leave to remove S to the USA
  3. 3 Whether contact should be supervised or unsupervised

Ratio Decidendi

Given S's clear wishes to remain with her mother, her established settlement and social network in England, and the lack of compelling evidence that unsupervised contact would harm her welfare, the court ordered a residence order in favour of the mother and unsupervised contact for the father. The father's applications for immediate residence and leave to remove S to the USA were dismissed as contrary to S's best interests and wishes.

Court Disposition

Residence order in favour of the mother; unsupervised contact order for the father; father's applications for immediate residence and leave to remove dismissed.

Orders

  • Residence order in favour of the mother (M)
  • Unsupervised contact order for the father (F) as per his proposals, to be reviewed after 30 January 2005 with a view to overnight contact