MI (A Child), Re [2013] EWHC 1073 (Fam) (29 April 2013)

MI (A Child), Re [2013] EWHC 1073 (Fam) (29 April 2013)

There is a reasonable possibility that the mother will now provide good enough care for MI, and the disadvantages and uncertainties of the Belgian placement, including likely loss of the mother-child relationship, outweigh the remaining concerns about the mother's parenting. The care order will be made with MI to return to his mother's care, subject to local authority supervision and support.

Citation
[2013] EWHC 1073 (Fam)
Parties
Applicant: A Local Authority; Mother / Respondent: RM; Father / Respondent: SH; Child / Respondent (represented by Children's Guardian): MI
Jurisdiction
England and Wales
Judgment Date
29 April 2013
Procedural Posture
Care Order Application Under Children Act 1989 / Final Hearing
Outcome
Care order made with MI to return to his mother's care under local authority supervision.
Legal Topics
Care Orders, Parental Responsibility, Child Welfare, Threshold Criteria, Best Interests of the Child, Placement With Family Abroad, Immigration Consequences
Family Law Child Protection Care Orders Parental Responsibility Child Welfare Threshold Criteria Best Interests of the Child Placement With Family Abroad +1 more

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Parties

A Local Authority

Applicant

RM

Mother / Respondent

SH

Father / Respondent

MI

Child / Respondent (represented by Children's Guardian)

Procedural Posture

Care Order Application Under Children Act 1989 / Final Hearing

Legal Issues

  1. 1 Whether MI should be returned to his mother's care or placed with family in Belgium
  2. 2 Whether the mother can provide 'good enough' care to meet MI's needs
  3. 3 Whether the threshold for a care order is met in relation to the mother

Ratio Decidendi

There is a reasonable possibility that the mother will now provide good enough care for MI, and the disadvantages and uncertainties of the Belgian placement, including likely loss of the mother-child relationship, outweigh the remaining concerns about the mother's parenting. The care order will be made with MI to return to his mother's care, subject to local authority supervision and support.

Court Disposition

Care order made with MI to return to his mother's care under local authority supervision.

Orders

  • Local authority to draw up a revised care plan for MI's planned return to his mother.
  • Any future proceedings relating to removal of MI from the mother's care to be referred to the same judge if available.