B (A Child by her Guardian), Re

B (A Child by her Guardian), Re

The court held that B's welfare was best served by remaining with her mother in Pakistan, with indirect and limited direct contact with the applicant, who was recognised as having played a significant parental role in B's early life. A Child Arrangements Order and a limited parental responsibility order were made in favour of the applicant, but wardship was refused as unnecessary. The paramount consideration was B's welfare, not the rights of the adults.

Parties
Applicant: J; 1st Respondent: R; 2nd Respondent: B (A child by her guardian)
Jurisdiction
England and Wales
Judgment Date
15 March 2017
Procedural Posture
Family / Final Judgment After Substantive Hearing
Outcome
Child Arrangements Order and limited Parental Responsibility Order granted to applicant; wardship refused; B to remain in Pakistan with mother; case to return to court in 9-12 months for review.
Legal Topics
Child Arrangements Order, Parental Responsibility, Inherent Jurisdiction, Same Sex Parenting, Habitual Residence, Welfare of the Child
Family Law Child Law Child Arrangements Order Parental Responsibility Inherent Jurisdiction Same Sex Parenting Habitual Residence Welfare of the Child

Case Brief

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Parties

J

Applicant

R

1st Respondent

B (A child by her guardian)

2nd Respondent

Procedural Posture

Family / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether a Child Arrangements Order should be made for contact between the applicant and the child
  2. 2 Whether the applicant should be granted parental responsibility
  3. 3 Whether the child should be made a ward of court

Ratio Decidendi

The court held that B's welfare was best served by remaining with her mother in Pakistan, with indirect and limited direct contact with the applicant, who was recognised as having played a significant parental role in B's early life. A Child Arrangements Order and a limited parental responsibility order were made in favour of the applicant, but wardship was refused as unnecessary. The paramount consideration was B's welfare, not the rights of the adults.

Court Disposition

Child Arrangements Order and limited Parental Responsibility Order granted to applicant; wardship refused; B to remain in Pakistan with mother; case to return to court in 9-12 months for review.

Orders

  • B to remain living with R in Pakistan.
  • Child Arrangements Order for indirect contact (letters, cards, telephone/Skype) and annual direct contact in a third country if possible.