G (A Child : Fact-Finding Hearing)

G (A Child : Fact-Finding Hearing)

G suffered significant emotional harm due to the toxic relationship between her parents, the father's abusive behaviour, and the mother's unreasonable obstruction and abduction. Both parents are responsible for the harm. The father committed acts of domestic abuse against D and the mother, minimises his behaviour, and needs therapeutic intervention. The mother caused further harm by abduction, burdened G with responsibility, and failed to promote a healthy relationship with the father. Neither parent currently meets G's emotional needs; both must engage in recommended therapy before any change in care or contact. The maternal grandmother supported the abduction, lacks insight into its...

Parties
Applicant: A Local Authority; First Respondent: H; Second Respondent: B; Third Respondent: G (by her children’s guardian); Fourth Respondents: S and J
Jurisdiction
England and Wales
Judgment Date
10 October 2017
Procedural Posture
Care Proceedings / Fact Finding Hearing
Outcome
Findings made against both parents; neither parent currently suitable for G's care; G to remain in foster care pending further therapeutic intervention and assessment.
Legal Topics
Child Abduction, Domestic Abuse, Emotional Harm, Care Orders, Contact Arrangements
Family Law Child Protection Child Abduction Domestic Abuse Emotional Harm Care Orders Contact Arrangements

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Parties

A Local Authority

Applicant

H

First Respondent

B

Second Respondent

G (by her children’s guardian)

Third Respondent

S and J

Fourth Respondents

Procedural Posture

Care Proceedings / Fact Finding Hearing

Legal Issues

  1. 1 Whether G suffered significant emotional harm due to parental conflict and abduction
  2. 2 Whether the father committed acts of domestic abuse against D and the mother
  3. 3 Whether the mother's abduction of G was justified

Ratio Decidendi

G suffered significant emotional harm due to the toxic relationship between her parents, the father's abusive behaviour, and the mother's unreasonable obstruction and abduction. Both parents are responsible for the harm. The father committed acts of domestic abuse against D and the mother, minimises his behaviour, and needs therapeutic intervention. The mother caused further harm by abduction, burdened G with responsibility, and failed to promote a healthy relationship with the father. Neither parent currently meets G's emotional needs; both must engage in recommended therapy before any change in care or contact. The maternal grandmother supported the abduction, lacks insight into its...

Court Disposition

Findings made against both parents; neither parent currently suitable for G's care; G to remain in foster care pending further therapeutic intervention and assessment.

Orders

  • G to remain in foster care under interim care order
  • Both parents to engage in recommended therapy before any change in care or contact