J & MM (Children), Re

J & MM (Children), Re

The court found that the grandparents could not provide a sustainable, protective placement for the children due to their inability to prioritise the children's welfare over family loyalties, their collusion in unauthorised contact, and the family's ongoing belief that the children should return to the parents. Therefore, care orders and removal to foster care were necessary and proportionate to safeguard the children's welfare.

Parties
Applicant: A Local Authority; Respondent: Mother; Respondent: Father; Respondent: J and MM (by their Guardian); Respondent: Grandparents
Jurisdiction
England and Wales
Judgment Date
26 June 2013
Procedural Posture
Care Proceedings Under the Children Act 1989 / Final Judgment After Fact Finding and Adjournments
Outcome
Care orders made for both children; removal to foster care approved.
Legal Topics
Care Orders, Special Guardianship, Child Welfare, Parental Responsibility, Contact Arrangements
Family Law Child Protection Care Orders Special Guardianship Child Welfare Parental Responsibility Contact Arrangements

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 2 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

A Local Authority

Applicant

Mother

Respondent

Father

Respondent

J and MM (by their Guardian)

Respondent

Grandparents

Respondent

Procedural Posture

Care Proceedings Under the Children Act 1989 / Final Judgment After Fact Finding and Adjournments

Legal Issues

  1. 1 Whether the children should remain with grandparents or be placed in foster care
  2. 2 Whether the grandparents can provide a sustainable, protective placement
  3. 3 Whether the parents and grandparents accept the findings of harm and can prioritise the children's welfare

Ratio Decidendi

The court found that the grandparents could not provide a sustainable, protective placement for the children due to their inability to prioritise the children's welfare over family loyalties, their collusion in unauthorised contact, and the family's ongoing belief that the children should return to the parents. Therefore, care orders and removal to foster care were necessary and proportionate to safeguard the children's welfare.

Court Disposition

Care orders made for both children; removal to foster care approved.

Orders

  • Care orders granted for J and MM.
  • Children to be placed in foster care as per local authority care plans.