A Local Authority v M & Ors

A Local Authority v M & Ors

The risks posed by the father's unaddressed propensity for anger and aggression, lack of protective factors, and inability of the paternal family to provide a balanced narrative outweigh the risks from the mother's mental health, which can be managed by the extended maternal family. The child's welfare is best served by permitting relocation to Spain with the mother, subject to minimum contact arrangements for the father.

Parties
Applicant: A Local Authority; First Respondent: M (Mother); Second Respondent: F (Father); Third Respondent: A Child (via Guardian)
Jurisdiction
England and Wales
Judgment Date
27 April 2022
Procedural Posture
Care Proceedings / Final Judgment (welfare Determination)
Outcome
Care order granted; permission for child to relocate to Spain with mother and maternal grandparents.
Legal Topics
Care Orders, Child Relocation, Domestic Abuse, Mental Health, Parental Responsibility, Supervision Orders, Special Guardianship, Contact Arrangements
Family Law Child Protection Public Law Care Orders Child Relocation Domestic Abuse Mental Health Parental Responsibility +3 more

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 3 Authorities cited 5 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

A Local Authority

Applicant

M (Mother)

First Respondent

F (Father)

Second Respondent

A Child (via Guardian)

Third Respondent

Procedural Posture

Care Proceedings / Final Judgment (welfare Determination)

Legal Issues

  1. 1 Whether the threshold for care proceedings is met
  2. 2 Assessment of risk of harm to the child from each parent
  3. 3 Ability of each parent and extended family to protect and promote the child's welfare

Ratio Decidendi

The risks posed by the father's unaddressed propensity for anger and aggression, lack of protective factors, and inability of the paternal family to provide a balanced narrative outweigh the risks from the mother's mental health, which can be managed by the extended maternal family. The child's welfare is best served by permitting relocation to Spain with the mother, subject to minimum contact arrangements for the father.

Court Disposition

Care order granted; permission for child to relocate to Spain with mother and maternal grandparents.

Orders

  • Child to live with mother and maternal grandparents in Spain under a child arrangements order.
  • Minimum four contacts per year for father, including at least one in England, initially supported in a contact centre.