J (A Child) [2019] EWFC B67 (12 November 2019)

J (A Child) [2019] EWFC B67 (12 November 2019)

Given K's significant mental health difficulties, inconsistent engagement with professionals, and history of substance misuse, J is likely to suffer significant harm if returned to her mother's care. Placement with S under a care order is proportionate and in J's best interests. L should be granted parental responsibility to reflect his role as J's father.

Citation
[2019] EWFC B67
Parties
Mother: K; Father: L; Child: J; Paternal Aunt/proposed Carer: S; Applicant: Local Authority; Guardian: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
12 November 2019
Procedural Posture
Care Proceedings / Final Hearing
Outcome
Care order made placing J with S; L granted parental responsibility; judgment to be provided to S for J's benefit; future applications reserved to the same judge; usual order as to costs.
Legal Topics
Care Orders, Parental Responsibility, Placement With Family Members, Threshold Criteria, Contact Arrangements
Family Law Child Protection Care Orders Parental Responsibility Placement With Family Members Threshold Criteria Contact Arrangements

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Parties

K

Mother

L

Father

J

Child

S

Paternal Aunt/proposed Carer

Local Authority

Applicant

Children's Guardian

Guardian

Procedural Posture

Care Proceedings / Final Hearing

Legal Issues

  1. 1 Whether a care order should be made for J
  2. 2 Whether J should be placed with her paternal aunt S
  3. 3 Whether L should be granted parental responsibility for J

Ratio Decidendi

Given K's significant mental health difficulties, inconsistent engagement with professionals, and history of substance misuse, J is likely to suffer significant harm if returned to her mother's care. Placement with S under a care order is proportionate and in J's best interests. L should be granted parental responsibility to reflect his role as J's father.

Court Disposition

Care order made placing J with S; L granted parental responsibility; judgment to be provided to S for J's benefit; future applications reserved to the same judge; usual order as to costs.

Orders

  • Care order placing J with S under local authority supervision
  • Order granting L parental responsibility for J