A Local Authority v The Mother & Ors [2024] EWFC 37 (B) (08 February 2024)

A Local Authority v The Mother & Ors [2024] EWFC 37 (B) (08 February 2024)

Given the mother's history of abduction, dishonesty, substance misuse, and the inability to mitigate the risk of further abduction or inadvertent disclosure of QR's location, only indirect contact (pre-recorded videos, letters, cards) is both necessary and proportionate to safeguard QR's welfare. Direct or live video contact poses unacceptable risks that cannot be managed safely.

Citation
[2024] EWFC 37 (B)
Parties
Applicant: A Local Authority; 1st Respondent Mother: The Mother; 2nd Respondent Father: The Father; 3rd Respondent Child: QR
Jurisdiction
England and Wales
Judgment Date
08 February 2024
Procedural Posture
Care Proceedings (children Act 1989) / Judgment on Application to Refuse Contact
Outcome
Application granted; contact between QR and her mother limited to indirect means.
Legal Topics
Care Orders, Contact With Children in Care, Risk of Abduction, Indirect Contact, Welfare of the Child
Family Law Child Protection Care Orders Contact With Children in Care Risk of Abduction Indirect Contact Welfare of the Child

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Parties

A Local Authority

Applicant

The Mother

1st Respondent Mother

The Father

2nd Respondent Father

QR

3rd Respondent Child

Procedural Posture

Care Proceedings (children Act 1989) / Judgment on Application to Refuse Contact

Legal Issues

  1. 1 Whether direct or live video contact between QR and her mother is safe and in QR's best interests
  2. 2 Whether contact should be limited to pre-recorded messages and letters/cards

Ratio Decidendi

Given the mother's history of abduction, dishonesty, substance misuse, and the inability to mitigate the risk of further abduction or inadvertent disclosure of QR's location, only indirect contact (pre-recorded videos, letters, cards) is both necessary and proportionate to safeguard QR's welfare. Direct or live video contact poses unacceptable risks that cannot be managed safely.

Court Disposition

Application granted; contact between QR and her mother limited to indirect means.

Orders

  • QR to have pre-recorded video contact from her mother once a month, with QR able to reply by pre-recorded video.
  • Every other month, QR to receive a card or letter from her mother.