C (A Child), Re [2025] EWFC 47 (B) (04 March 2025)

C (A Child), Re [2025] EWFC 47 (B) (04 March 2025)

The court found that the child's consistent and robustly stated wishes to return to her mother, and the risk of emotional harm if compelled to remain with the father, outweighed the risks identified by professionals in returning her to the mother. The court concluded that insufficient weight had been given to the child's wishes and that the least harmful option was for C to live with her mother and spend time with her father.

Citation
[2025] EWFC 47 (B)
Parties
Applicant: Father; First Respondent: Mother; Second Respondent: C (the child)
Jurisdiction
England and Wales
Judgment Date
04 March 2025
Procedural Posture
Private Law Children Proceedings (section 8 Children Act 1989) / Final Judgment Following Further Evidence and Submissions
Outcome
Child Arrangements Order made for C to live with her mother and spend time with her father.
Legal Topics
Child Arrangements Order, Welfare of the Child, Parental Alienation, Contact Disputes, Section 8 Children Act 1989
Family Law Child Arrangements Order Welfare of the Child Parental Alienation Contact Disputes Section 8 Children Act 1989

Case Brief

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Parties

Father

Applicant

Mother

First Respondent

C (the child)

Second Respondent

Procedural Posture

Private Law Children Proceedings (section 8 Children Act 1989) / Final Judgment Following Further Evidence and Submissions

Legal Issues

  1. 1 Whether the child C should reside with the mother or father
  2. 2 What contact arrangements are in the child's best interests
  3. 3 How to weigh the child's wishes and feelings against professional recommendations

Ratio Decidendi

The court found that the child's consistent and robustly stated wishes to return to her mother, and the risk of emotional harm if compelled to remain with the father, outweighed the risks identified by professionals in returning her to the mother. The court concluded that insufficient weight had been given to the child's wishes and that the least harmful option was for C to live with her mother and spend time with her father.

Court Disposition

Child Arrangements Order made for C to live with her mother and spend time with her father.

Orders

  • C to return to live with her mother.
  • C to spend time with her father as set out in the order.