A, Re (Urgent Change of Residence to Father) [2024] EWFC 327 (B) (11 September 2024)

A, Re (Urgent Change of Residence to Father) [2024] EWFC 327 (B) (11 September 2024)

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 the child at risk of significant emotional harm. The Guardian and CAFCASS supported an immediate change of...

Source-derived case information.

Citation
[2024] EWFC 327 (B)
Parties
Applicant: Father; Respondent: Mother; Subject: The Child (by her children's guardian)
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Private Law Children Proceedings (child Arrangements Order) / Interim Hearing for Urgent Change of Residence
Outcome
Application granted; urgent interim change of residence to father ordered.
Legal Topics
Child Arrangements Order, Change of Residence, Parental Alienation, Section 37 Children Act 1989, Supervised Contact, Prohibited Steps Order
Family Law Child Law Child Arrangements Order Change of Residence Parental Alienation Section 37 Children Act 1989 Supervised Contact Prohibited Steps Order

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Parties

Father

Applicant

Mother

Respondent

The Child (by her children's guardian)

Subject

Procedural Posture

Private Law Children Proceedings (child Arrangements Order) / Interim Hearing for Urgent Change of Residence

Legal Issues

  1. 1 Whether the child's welfare requires an urgent change of residence from mother to father
  2. 2 Whether the threshold for interim change of residence is met in private law proceedings
  3. 3 Whether the mother's conduct poses a risk of significant emotional harm to the child

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 the child at risk of significant emotional harm. The Guardian and CAFCASS supported an immediate change of residence. The court found that the threshold for interim change of residence was met, and that the child's welfare required urgent transfer to the father's care, with supervised contact for the mother and a section 37 investigation.

Court Disposition

Application granted; urgent interim change of residence to father ordered.

Orders

  • The child shall move to the father's care on 11 September 2024, to be collected by 5pm.
  • The mother must deliver the child to the father and not frustrate the transfer.