Re C (A Child) (Parental Order & Child Arrangements Order No 3)

Re C (A Child) (Parental Order & Child Arrangements Order No 3)

C's welfare best interests require that he remain living with his father, given the mother's persistent false allegations, lack of acceptance of court findings, and risk of emotional and psychological harm to C if exposed to her false narrative. The mother’s contact is to remain indirect during chemotherapy and revert to direct contact thereafter, subject to further review depending on the outcome of the police investigation and her stance. The application to restrict the mother's parental responsibility is dismissed due to lack of interference. Disclosure of judgments and orders is permitted only to specified parties and organisations as set out in the judgment.

Parties
Applicant: A; 1st Respondent: B; 2nd Respondent: C (A Child through his Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
15 November 2021
Procedural Posture
Family / Final Judgment After Welfare Hearing
Outcome
Child arrangements order made: C to live with his father. Mother's contact to remain indirect during chemotherapy, then revert to direct contact subject to further review. Application to restrict mother's parental responsibility dismissed. Disclosure of judgments and orders permitted to specified parties.
Legal Topics
Parental Orders, Child Arrangements, Parental Responsibility, Disclosure, False Allegations, Police Investigation, Recusal
Family Law Child Welfare Surrogacy Parental Orders Child Arrangements Parental Responsibility Disclosure False Allegations +2 more

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Parties

A

Applicant

B

1st Respondent

C (A Child through his Children’s Guardian)

2nd Respondent

Procedural Posture

Family / Final Judgment After Welfare Hearing

Legal Issues

  1. 1 Should C live with his father or mother?
  2. 2 What contact arrangements are appropriate between C and his mother?
  3. 3 Should the mother's parental responsibility be restricted?

Ratio Decidendi

C's welfare best interests require that he remain living with his father, given the mother's persistent false allegations, lack of acceptance of court findings, and risk of emotional and psychological harm to C if exposed to her false narrative. The mother’s contact is to remain indirect during chemotherapy and revert to direct contact thereafter, subject to further review depending on the outcome of the police investigation and her stance. The application to restrict the mother's parental responsibility is dismissed due to lack of interference. Disclosure of judgments and orders is permitted only to specified parties and organisations as set out in the judgment.

Court Disposition

Child arrangements order made: C to live with his father. Mother's contact to remain indirect during chemotherapy, then revert to direct contact subject to further review. Application to restrict mother's parental responsibility dismissed. Disclosure of judgments and orders permitted to specified parties.

Orders

  • C shall live with his father.
  • Mother's contact with C to remain twice weekly by video call during chemotherapy.