A v B & Ors (Wardship; Parental Order; s10(9) Leave Application)

A v B & Ors (Wardship; Parental Order; s10(9) Leave Application)

A's applications for wardship and a parental order lacked legal foundation and merit, as she could not meet the statutory criteria under HFEA 2008, and no exceptional circumstances justified invoking the inherent jurisdiction. Her application for leave under s10(9) CA 1989 was refused as her connection to Y was insufficient, the application was unrealistic, and granting leave would risk harm through further litigation. The issues are better addressed through mediation and therapy.

Parties
Applicant: A; 1st Respondent: B; 2nd & 3rd Respondents: Mr and Mrs G; 4th Respondent: Y (By his Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Family / Judgment on Applications to Withdraw Wardship and Parental Order, and for Leave Under S10(9) Children Act 1989
Outcome
Applications for withdrawal of wardship and parental order granted; application for leave under s10(9) Children Act 1989 refused.
Legal Topics
Wardship, Parental Order, Children Act 1989 S10(9) Leave Application, Surrogacy, Parental Responsibility
Family Law Wardship Parental Order Children Act 1989 S10(9) Leave Application Surrogacy Parental Responsibility

Case Brief

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Parties

A

Applicant

B

1st Respondent

Mr and Mrs G

2nd & 3rd Respondents

Y (By his Children’s Guardian)

4th Respondent

Procedural Posture

Family / Judgment on Applications to Withdraw Wardship and Parental Order, and for Leave Under S10(9) Children Act 1989

Legal Issues

  1. 1 Whether A should be granted leave to withdraw her applications for wardship and parental order
  2. 2 Whether A should be granted leave under s10(9) Children Act 1989 to apply for a child arrangements order in relation to Y

Ratio Decidendi

A's applications for wardship and a parental order lacked legal foundation and merit, as she could not meet the statutory criteria under HFEA 2008, and no exceptional circumstances justified invoking the inherent jurisdiction. Her application for leave under s10(9) CA 1989 was refused as her connection to Y was insufficient, the application was unrealistic, and granting leave would risk harm through further litigation. The issues are better addressed through mediation and therapy.

Court Disposition

Applications for withdrawal of wardship and parental order granted; application for leave under s10(9) Children Act 1989 refused.

Orders

  • Leave granted for A to withdraw her applications for wardship and parental order.
  • Application for leave under s10(9) Children Act 1989 refused.