Derby City Council v K's Mother & Ors

Derby City Council v K's Mother & Ors

The threshold for significant harm under s31 Children Act 1989 was met due to the father's alienating behaviour, which caused emotional harm to the child. The court found the father's actions were deliberate, not child-centred, and undermined the child's relationship with his mother. The care plan for the child to live with his mother and have supervised contact with the father was approved as being in the child's best interests.

Parties
Applicant: Derby City Council; First Respondent: K's Mother; Second Respondent: K's Father; Third Respondent: K (the Child by his children's guardian)
Jurisdiction
England and Wales
Judgment Date
07 November 2022
Procedural Posture
Care Proceedings (children Act 1989) / Final Judgment
Outcome
Final care order made. Application for non-molestation order refused.
Legal Topics
Care Orders, Parental Alienation, Contact Arrangements, Significant Harm, Threshold Criteria
Family Law Child Protection Care Orders Parental Alienation Contact Arrangements Significant Harm Threshold Criteria

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Parties

Derby City Council

Applicant

K's Mother

First Respondent

K's Father

Second Respondent

K (the Child by his children's guardian)

Third Respondent

Procedural Posture

Care Proceedings (children Act 1989) / Final Judgment

Legal Issues

  1. 1 Whether the threshold for significant harm under s31 Children Act 1989 is met
  2. 2 Whether the father's behaviour caused emotional harm to the child
  3. 3 Appropriate future contact arrangements between the child and father

Ratio Decidendi

The threshold for significant harm under s31 Children Act 1989 was met due to the father's alienating behaviour, which caused emotional harm to the child. The court found the father's actions were deliberate, not child-centred, and undermined the child's relationship with his mother. The care plan for the child to live with his mother and have supervised contact with the father was approved as being in the child's best interests.

Court Disposition

Final care order made. Application for non-molestation order refused.

Orders

  • Final care order granted with child placed with mother under local authority supervision
  • Father to have supervised contact with child once every two weeks, subject to agreement and interpreter