A (Urgent Change of Interim Residence), Re

A (Urgent Change of Interim Residence), Re

The evidence established that the mother’s persistent unfounded allegations, refusal to comply with court orders, and behaviour (including unnecessary medical interventions and use of tracking devices) placed A at risk of significant emotional harm and potential alienation from her father. The court found that only an immediate change of residence to the father, with supervised contact for the mother and a section 37 investigation, would safeguard A’s welfare. The threshold for interim change was met and proportionate given the risks.

Parties
Applicant: Father; Respondent: Mother; Subject: The Child (by her children’s guardian)
Jurisdiction
England and Wales
Judgment Date
14 November 2024
Procedural Posture
Child Arrangements Order (family Law) / Interim Judgment on Urgent Application for Change of Residence
Outcome
Application for urgent interim change of residence granted; child to reside with father; supervised contact for mother; section 37 investigation ordered.
Legal Topics
Change of Residence, Parental Alienation, Child Arrangements, Supervised Contact, Section 37 Investigation
Family Law Child Law Change of Residence Parental Alienation Child Arrangements Supervised Contact Section 37 Investigation

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Parties

Father

Applicant

Mother

Respondent

The Child (by her children’s guardian)

Subject

Procedural Posture

Child Arrangements Order (family Law) / Interim Judgment on Urgent Application for Change of Residence

Legal Issues

  1. 1 Whether the child A should have an urgent interim change of residence from mother to father
  2. 2 Whether the mother’s conduct places the child at risk of significant emotional harm
  3. 3 Whether supervised contact and psychological assessment of the mother are necessary

Ratio Decidendi

The evidence established that the mother’s persistent unfounded allegations, refusal to comply with court orders, and behaviour (including unnecessary medical interventions and use of tracking devices) placed A at risk of significant emotional harm and potential alienation from her father. The court found that only an immediate change of residence to the father, with supervised contact for the mother and a section 37 investigation, would safeguard A’s welfare. The threshold for interim change was met and proportionate given the risks.

Court Disposition

Application for urgent interim change of residence granted; child to reside with father; supervised contact for mother; section 37 investigation ordered.

Orders

  • Immediate change of residence to father; child to be collected by 5pm 11 September 2024.
  • Mother to deliver up child and not frustrate transfer; police authorised to enforce if necessary.