T v S (Wardship) [2011] EWHC 1608 (Fam) (27 May 2011)
Due to the parents' persistent and destructive conflict, the court retained Wardship, abrogated parental responsibility to itself except where parents agree, and made prescriptive orders for the child's care, contact, education, and medical treatment, prioritizing the child's welfare and stability over parental claims.
- Citation
- [2011] EWHC 1608 (Fam)
- Parties
- Plaintiff: AT; First Respondent: FS; Second Respondent: Guardian (unnamed)
- Jurisdiction
- England and Wales
- Judgment Date
- 27 May 2011
- Procedural Posture
- Family Law Wardship and Child Arrangements / Final Judgment After Contested Hearing
- Outcome
- Wardship continued; principal home with mother; detailed contact with father; prescriptive orders for parental responsibility; circumcision to proceed as advised by hospital; Family Assistance Order made; foreign travel restricted; review set for October 2012; no order as to costs except detailed assessment of...
- Legal Topics
- Wardship, Parental Responsibility, Residence Orders, Contact Orders, Child Welfare, Circumcision, Foreign Travel, Family Assistance Order
Case Brief
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Parties
AT
Plaintiff
FS
First Respondent
Guardian (unnamed)
Second Respondent
Procedural Posture
Family Law Wardship and Child Arrangements / Final Judgment After Contested Hearing
Legal Issues
- 1 Whether the case should remain in Wardship or proceed under the Children Act
- 2 Determination of the child's principal home and division of care
- 3 Exercise and delegation of parental responsibility
Ratio Decidendi
Due to the parents' persistent and destructive conflict, the court retained Wardship, abrogated parental responsibility to itself except where parents agree, and made prescriptive orders for the child's care, contact, education, and medical treatment, prioritizing the child's welfare and stability over parental claims.
Court Disposition
Wardship continued; principal home with mother; detailed contact with father; prescriptive orders for parental responsibility; circumcision to proceed as advised by hospital; Family Assistance Order made; foreign travel restricted; review set for October 2012; no order as to costs except detailed assessment of...
Orders
- Case to remain in Wardship with parental responsibility vested in the court except where parents agree.
- Principal home with mother; increased contact with father as specified in order.
Full Case Text
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