C (A young person)

C (A young person)

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, granting parental responsibility to the aunt. The emotional and psychological needs of C, including her relationship with the aunt and...

Source-derived case information.

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
Child Arrangements and Wardship / Final Judgment
Outcome
Child arrangements order made for C to live with her father and spend time with her aunt at least three times a week; parental responsibility granted to the aunt; no s.91(14) order made.
Legal Topics
Child Arrangements, Parental Responsibility, Wardship, Welfare Best Interests, Children Act 1989, Probate
Family Law Child Arrangements Parental Responsibility Wardship Welfare Best Interests Children Act 1989 Probate

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Parties

A

Applicant

B

First Respondent

C (by her Children’s Guardian)

Second Respondent

Procedural Posture

Child Arrangements and Wardship / Final Judgment

Legal Issues

  1. 1 Whether sole parental responsibility should be granted to the father
  2. 2 Whether the aunt should retain parental responsibility
  3. 3 What child arrangements best serve C's welfare

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, granting parental responsibility to the aunt. The emotional and psychological needs of C, including her relationship with the aunt and maternal family, outweigh the father's claim for sole parental responsibility.

Court Disposition

Child arrangements order made for C to live with her father and spend time with her aunt at least three times a week; 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 (minimum, not maximum).