M (A Child: Leave Application) (No 3), Re

M (A Child: Leave Application) (No 3), Re

Leave to apply for a child arrangements order was refused because the risk of further proceedings causing cumulative harm to Mary, who has experienced significant instability and professional involvement throughout her life, outweighs the potential benefit of re-establishing contact with her aunts at this time. The evidence showed that further proceedings would likely undermine Mary's stability and emotional welfare, and there is no current evidence that the absence of contact with her aunts is causing her harm.

Parties
Applicant: Christine; Applicant: Diane; First Respondent: Bethany; Second Respondent: Alice
Jurisdiction
England and Wales
Judgment Date
16 June 2025
Procedural Posture
Family / Application for Leave to Apply for Child Arrangements Order
Outcome
Application for leave refused
Legal Topics
Child Arrangements Order, Leave to Apply, Children Act 1989, Section 10(9), Section 91(14)
Family Law Child Arrangements Order Leave to Apply Children Act 1989 Section 10(9) Section 91(14)

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Parties

Christine

Applicant

Diane

Applicant

Bethany

First Respondent

Alice

Second Respondent

Procedural Posture

Family / Application for Leave to Apply for Child Arrangements Order

Legal Issues

  1. 1 Whether leave should be granted to the applicants (maternal aunts) to apply for a child arrangements order regarding Mary under section 10(9) of the Children Act 1989

Ratio Decidendi

Leave to apply for a child arrangements order was refused because the risk of further proceedings causing cumulative harm to Mary, who has experienced significant instability and professional involvement throughout her life, outweighs the potential benefit of re-establishing contact with her aunts at this time. The evidence showed that further proceedings would likely undermine Mary's stability and emotional welfare, and there is no current evidence that the absence of contact with her aunts is causing her harm.

Court Disposition

Application for leave refused

Orders

  • Leave to apply for a child arrangements order is refused.