KM (A Child) (Welfare), Re [2023] EWFC 313 (18 May 2023)

A care order is made for KM because no suitable family members are available in the jurisdiction, the threshold is met on the basis that KM is beyond parental control, and the care plan appropriately addresses her welfare and contact needs. The parents' wishes are respected, but KM's autonomy and best interests are...

Source-derived case information.

Citation: [2023] EWFC 313
Parties: Applicant: A Local Authority; 1st Respondent: A Mother (AS); 2nd Respondent: A Father (KS); 3rd Respondent: DM; 4th Respondent: A Child (KM, through Children's Guardian)
Jurisdiction: England and Wales
Judgment Date: 18 May 2023
Procedural Posture: Care Proceedings / Final Hearing
Outcome: Care order granted for KM.
Legal Topics: Care Order, Parental Responsibility, Child Welfare, Contact Arrangements, Jurisdiction, Habitual Residence

Family Law Care Order Parental Responsibility Child Welfare Contact Arrangements Jurisdiction Habitual Residence

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2

Parties

A Local Authority

Applicant

A Mother (AS)

1st Respondent

A Father (KS)

2nd Respondent

3rd Respondent

A Child (KM, through Children's Guardian)

4th Respondent

Procedural Posture

Care Proceedings / Final Hearing

Legal Issues

1 Whether a care order should be made for KM
2 Arrangements for contact between KM and her birth parents
3 Jurisdictional issues regarding KM's habitual residence

Ratio Decidendi

Court Disposition

Care order granted for KM.

Orders

Care order made for KM under Children Act 1989.
Local Authority to facilitate contact between KM and her birth parents in accordance with KM's wishes.

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