T v S (Wardship)

T v S (Wardship)

Due to the parents' entrenched conflict and inability to cooperate, the court retains Wardship, with care and control divided between the parents under detailed court order, and parental responsibility delegated only where agreement is possible. The child's principal home remains with the mother, but contact with the father is increased. Circumcision is to proceed as advised by the medical expert, with both parents' concerns accommodated as far as practicable.

Parties
Plaintiff: AT; First Defendant: FS; Guardian: Guardian
Jurisdiction
England and Wales
Judgment Date
27 May 2011
Procedural Posture
Wardship / Children Act Private Law Proceedings / Final Judgment After Fact Finding and Welfare Hearings
Outcome
Wardship continued; principal home with mother; detailed contact and care arrangements; parental responsibility delegated as per agreement or court direction; circumcision to proceed as per medical advice; review set for October 2012; restrictions on foreign travel; Family Assistance Order made; no order as to costs...
Legal Topics
Wardship, Residence Orders, Parental Responsibility, Contact Arrangements, Circumcision, Foreign Travel, Family Assistance Order
Family Law Child Welfare Wardship Residence Orders Parental Responsibility Contact Arrangements Circumcision Foreign Travel +1 more

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Parties

AT

Plaintiff

FS

First Defendant

Guardian

Guardian

Procedural Posture

Wardship / Children Act Private Law Proceedings / Final Judgment After Fact Finding and Welfare Hearings

Legal Issues

  1. 1 Whether the child should remain a Ward of Court or be subject to conventional Children Act orders
  2. 2 Determination of the child's principal home and division of care
  3. 3 Exercise and delegation of parental responsibility

Ratio Decidendi

Due to the parents' entrenched conflict and inability to cooperate, the court retains Wardship, with care and control divided between the parents under detailed court order, and parental responsibility delegated only where agreement is possible. The child's principal home remains with the mother, but contact with the father is increased. Circumcision is to proceed as advised by the medical expert, with both parents' concerns accommodated as far as practicable.

Court Disposition

Wardship continued; principal home with mother; detailed contact and care arrangements; parental responsibility delegated as per agreement or court direction; circumcision to proceed as per medical advice; review set for October 2012; restrictions on foreign travel; Family Assistance Order made; no order as to costs...

Orders

  • Wardship to continue until review in October 2012
  • Principal home with mother; increased contact with father as detailed in order