GM v Carmarthenshire County Council & Anor [2018] EWFC 36 (06 June 2018)

GM v Carmarthenshire County Council & Anor [2018] EWFC 36 (06 June 2018)

The evidence does not demonstrate that L's physical or moral health would be endangered by returning to his mother's care. The objections to discharge are trivial and insubstantial. The law requires that the state may only interfere with family life in exceptional circumstances and where nothing else will do. The...

Source-derived case information.

Citation
[2018] EWFC 36
Parties
Applicant: GM; 1st Respondent: Carmarthenshire County Council; 2nd Respondent: LLM (by his Guardian)
Jurisdiction
England and Wales
Judgment Date
06 June 2018
Procedural Posture
Family Law Children / Final Hearing on Application to Discharge Care Order
Outcome
Application granted; care order discharged; supervision order imposed for one year.
Legal Topics
Discharge of Care Order, Section 39 Children Act 1989, Parental Responsibility, Proportionality, Article 8 ECHR, Expert Evidence Admissibility
Family Law Child Law Human Rights Discharge of Care Order Section 39 Children Act 1989 Parental Responsibility Proportionality Article 8 ECHR +1 more

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Parties

GM

Applicant

Carmarthenshire County Council

1st Respondent

LLM (by his Guardian)

2nd Respondent

Procedural Posture

Family Law Children / Final Hearing on Application to Discharge Care Order

Legal Issues

  1. 1 Whether the care order in respect of L should be discharged under section 39 of the Children Act 1989
  2. 2 Whether the evidence supports continued removal of L from his mother's care
  3. 3 Admissibility and weight of attachment theory expert evidence

Ratio Decidendi

The evidence does not demonstrate that L's physical or moral health would be endangered by returning to his mother's care. The objections to discharge are trivial and insubstantial. The law requires that the state may only interfere with family life in exceptional circumstances and where nothing else will do. The mother's application to discharge the care order is granted, with a supervision order imposed for one year to facilitate therapeutic support and oversight of the transition.

Court Disposition

Application granted; care order discharged; supervision order imposed for one year.

Orders

  • Care order discharged in respect of L.
  • Supervision order to endure for one year.