L v L (Child : Arrangements Following Treatment)

It is in N's best interests to make a child arrangements order now, providing for her to live with her father upon discharge and spend time with her mother subject to conditions, as certainty is essential for N's recovery and the mother is not currently capable of meeting N's needs.

Parties: Applicant: A (Father); First Respondent: B (Mother); Second Respondent: N (Child, through Children’s Guardian)
Jurisdiction: England and Wales
Judgment Date: 19 May 2017
Procedural Posture: Children Act Proceedings / Final Judgment
Outcome: Child arrangements order made
Legal Topics: Child Arrangements Order, Welfare of the Child, Parental Responsibility, Mental Health Act Detention

Family Law Child Arrangements Order Welfare of the Child Parental Responsibility Mental Health Act Detention

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 7 Authorities cited 11 Party arguments 2 Amounts and remedies 4

Parties

A (Father)

Applicant

B (Mother)

First Respondent

N (Child, through Children’s Guardian)

Second Respondent

Procedural Posture

Children Act Proceedings / Final Judgment

Legal Issues

1 Whether to make a child arrangements order now or defer until discharge
2 Which parent should N live with upon discharge
3 Appropriate arrangements for contact with mother

Ratio Decidendi

Court Disposition

Child arrangements order made

Orders

N shall live with her father upon discharge from hospital
N shall spend time with her mother upon discharge, subject to directions and/or conditions to be determined in consultation with parents and professionals