A v A

A v A

Immediate removal under interim care order is necessary due to significant emotional harm, parental alienation, and risk of further harm; nothing else will suffice to protect children's welfare.

Parties
Applicant: A; Respondent: A; Guardian: Mrs. Odze; Interested Party: Local Authority
Jurisdiction
England and Wales
Judgment Date
07 November 2013
Procedural Posture
Family / Interim Care Order Application Following Supreme Court Decision
Outcome
Interim care order granted; children removed from father's care.
Legal Topics
Interim Care Orders, Section 37 Children Act, Parental Alienation, Emotional Harm, Wardship
Family Law Child Protection Interim Care Orders Section 37 Children Act Parental Alienation Emotional Harm Wardship

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Parties

A

Applicant

A

Respondent

Mrs. Odze

Guardian

Local Authority

Interested Party

Procedural Posture

Family / Interim Care Order Application Following Supreme Court Decision

Legal Issues

  1. 1 Whether the threshold for interim care order under section 31 Children Act is met
  2. 2 Whether immediate removal of children from father's care is justified
  3. 3 Whether emotional harm and parental alienation warrant intervention

Ratio Decidendi

Immediate removal under interim care order is necessary due to significant emotional harm, parental alienation, and risk of further harm; nothing else will suffice to protect children's welfare.

Court Disposition

Interim care order granted; children removed from father's care.

Orders

  • Children placed in foster care under interim care order.
  • Local Authority to carry out assessment.