Re CS & DS (Children)

Re CS & DS (Children)

The mother poses a real risk to the welfare of CS and DS due to lack of insight, emotional and physical abuse, and maladaptive behaviour; both children’s best interests require living with their father, with only supervised and limited contact between DS and the mother, and no contact between CS and the mother unless CS initiates.

Parties
Applicant: AS; Respondent: BS; Children: CS & DS (by their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
05 April 2022
Procedural Posture
Child Arrangements Order / Final Judgment
Outcome
Child arrangements order granted for both children to live with their father; supervised contact for DS with mother; no contact for CS with mother unless initiated by CS.
Legal Topics
Child Arrangements, Parental Responsibility, Child Welfare, Emotional and Physical Abuse, Supervised Contact, Expert Evidence
Family Law Child Arrangements Parental Responsibility Child Welfare Emotional and Physical Abuse Supervised Contact Expert Evidence

Case Brief

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Parties

AS

Applicant

BS

Respondent

CS & DS (by their Children’s Guardian)

Children

Procedural Posture

Child Arrangements Order / Final Judgment

Legal Issues

  1. 1 Whether the children CS and DS should live with their father or mother
  2. 2 Assessment of risk posed by the mother to the children
  3. 3 Appropriate contact arrangements between the children and their mother

Ratio Decidendi

The mother poses a real risk to the welfare of CS and DS due to lack of insight, emotional and physical abuse, and maladaptive behaviour; both children’s best interests require living with their father, with only supervised and limited contact between DS and the mother, and no contact between CS and the mother unless CS initiates.

Court Disposition

Child arrangements order granted for both children to live with their father; supervised contact for DS with mother; no contact for CS with mother unless initiated by CS.

Orders

  • CS and DS to live with their father
  • No contact between CS and mother unless initiated by CS