C (A young person) [2018] EWHC 3834 (Fam) (02 July 2018)

C (A young person) [2018] EWHC 3834 (Fam) (02 July 2018)

It is overwhelmingly in C's welfare best interests to make a child arrangements order that she lives with her father and spends time with her aunt at least three times a week, and to grant parental responsibility to the aunt. The emotional and psychological needs of C, including her relationship with her aunt and...

Source-derived case information.

Citation
[2018] EWHC 3834 (Fam)
Parties
Applicant: A; First Respondent: B; Second Respondent: C (by her Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
02 July 2018
Procedural Posture
Family Law Child Arrangements and Parental Responsibility / Final Hearing and Judgment
Outcome
Application for sole parental responsibility by the father refused; child arrangements order made for C to live with her father and spend time with her aunt; parental responsibility granted to the aunt; no s.91(14) order made.
Legal Topics
Child Arrangements Order, Parental Responsibility, Welfare of the Child, Section 91(14) Children Act 1989, Wardship
Family Law Child Arrangements Order Parental Responsibility Welfare of the Child Section 91(14) Children Act 1989 Wardship

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Parties

A

Applicant

B

First Respondent

C (by her Children's Guardian)

Second Respondent

Procedural Posture

Family Law Child Arrangements and Parental Responsibility / Final Hearing and Judgment

Legal Issues

  1. 1 Whether to grant sole or shared parental responsibility for C
  2. 2 Whether to vary or discharge the existing child arrangements order
  3. 3 Whether to make a s.91(14) order restricting further applications

Ratio Decidendi

It is overwhelmingly in C's welfare best interests to make a child arrangements order that she lives with her father and spends time with her aunt at least three times a week, and to grant parental responsibility to the aunt. The emotional and psychological needs of C, including her relationship with her aunt and maternal family, are crucial and outweigh the father's wish for sole parental responsibility.

Court Disposition

Application for sole parental responsibility by the father refused; child arrangements order made for C to live with her father and spend time with her aunt; parental responsibility granted to the aunt; no s.91(14) order made.

Orders

  • Child arrangements order: C to live with her father.
  • Child arrangements order: C to spend time with her aunt at least three times a week.