M (A Child) (No. 2), Re

M (A Child) (No. 2), Re

The care order is discharged as Alice is a capable parent and ongoing state intervention is unwarranted; Bethany’s conduct and lack of demonstrable change pose significant risks to Mary’s emotional welfare, requiring supervised contact and restriction of parental responsibility; a section 91(14) order is imposed for 5 years to ensure stability and prevent further disruptive litigation.

Parties
Subject Child: Mary; Applicant: Alice; First Respondent: Cumbria County Council; Second Respondent: Bethany; Third Respondent: Children’s Guardian
Jurisdiction
England and Wales
Judgment Date
26 November 2024
Procedural Posture
Child Care/family / Final Hearing
Outcome
care order discharged, child arrangements and supervision order made, section 91(14) leave requirement imposed
Legal Topics
Care Order Discharge, Child Arrangements, Supervised Contact, Section 91(14) Leave Requirement, Parental Responsibility
Family Law Child Welfare Care Order Discharge Child Arrangements Supervised Contact Section 91(14) Leave Requirement Parental Responsibility

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Parties

Mary

Subject Child

Alice

Applicant

Cumbria County Council

First Respondent

Bethany

Second Respondent

Children’s Guardian

Third Respondent

Procedural Posture

Child Care/family / Final Hearing

Legal Issues

  1. 1 Whether the care order for Mary should be discharged
  2. 2 Appropriate child arrangements and residence
  3. 3 Supervision and nature of contact between Mary and Bethany

Ratio Decidendi

The care order is discharged as Alice is a capable parent and ongoing state intervention is unwarranted; Bethany’s conduct and lack of demonstrable change pose significant risks to Mary’s emotional welfare, requiring supervised contact and restriction of parental responsibility; a section 91(14) order is imposed for 5 years to ensure stability and prevent further disruptive litigation.

Court Disposition

care order discharged, child arrangements and supervision order made, section 91(14) leave requirement imposed

Orders

  • Care order discharged
  • Supervision order for 12 months