ES (A Child), Re

ES (A Child), Re

The court refused to discharge the wardship proceedings, finding the father in control of the child’s situation and capable of restoring contact, and that continuation of proceedings serves E’s welfare and maintains pressure for compliance.

Parties
Applicant Mother: N I B; First Respondent Father: T S; Second Respondent Child: E S (by her children’s guardian)
Jurisdiction
England and Wales
Judgment Date
07 September 2016
Procedural Posture
Wardship / Application for Discharge of Proceedings
Outcome
Application for discharge of wardship proceedings refused.
Legal Topics
Wardship, Contempt of Court, Child Abduction, Jurisdiction, Contact Orders
Family Law Child Custody International Law Wardship Contempt of Court Child Abduction Jurisdiction Contact Orders

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Parties

N I B

Applicant Mother

T S

First Respondent Father

E S (by her children’s guardian)

Second Respondent Child

Procedural Posture

Wardship / Application for Discharge of Proceedings

Legal Issues

  1. 1 Whether wardship proceedings should be discharged
  2. 2 Whether the father is in contempt of court
  3. 3 Whether the father's actions justify continuation of proceedings

Ratio Decidendi

The court refused to discharge the wardship proceedings, finding the father in control of the child’s situation and capable of restoring contact, and that continuation of proceedings serves E’s welfare and maintains pressure for compliance.

Court Disposition

Application for discharge of wardship proceedings refused.

Orders

  • Wardship proceedings to continue.
  • Indirect contact via Skype to be facilitated.