GO v EN & Ors

MN's behaviour caused significant emotional harm to B and obstructed his relationship with his mother; gradual transition is not feasible due to MN's implacable hostility and lack of cooperation; immediate removal into foster care under interim care order is proportionate and necessary to safeguard B's welfare.

Parties: Applicant: GO; First Respondent: EN; Second Respondent: MN; Third Respondent: BN; Fourth Respondent: Lambeth Borough Council
Jurisdiction: England and Wales
Judgment Date: 17 October 2014
Procedural Posture: Children Act Private Law Proceedings / Final Hearing and Judgment
Outcome: Interim care order granted; B to be removed from MN's care and placed in foster care with plan for rehabilitation to GO.
Legal Topics: Residence Orders, Contact Orders, Interim Care Orders, Section 37 and 38 Children Act, Emotional Harm, Child Protection, Intractable Contact Disputes

Family Law Child Welfare Residence Orders Contact Orders Interim Care Orders Section 37 and 38 Children Act Emotional Harm Child Protection +1 more

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Parties

Applicant

First Respondent

Second Respondent

Third Respondent

Lambeth Borough Council

Fourth Respondent

Procedural Posture

Children Act Private Law Proceedings / Final Hearing and Judgment

Legal Issues

1 Whether B should remain living with MN or be transitioned to live with his mother GO
2 Whether immediate removal from MN's care is justified under s.37 and s.38 Children Act 1989
3 Whether expert evidence is required before removal

Ratio Decidendi

Court Disposition

Interim care order granted; B to be removed from MN's care and placed in foster care with plan for rehabilitation to GO.

Orders

Interim care order under s.38 Children Act 1989
Section 37 investigation and report by Local Authority