A (a child : Article 8 rights of a father who murdered the mother)

A (a child : Article 8 rights of a father who murdered the mother)

The threshold for a care order is met due to significant harm and risk from the maternal grandmother's alcohol misuse and poor decisions. The child's welfare is best served by placement with the maternal uncle and his partner under a care order. The child's surname should not be changed at present. The father should not receive annual photographs or reports about A until A can express her wishes. Contact with the father may be refused under section 34(4) Children Act 1989. Grandparent contact is agreed and approved as consistent with A's welfare.

Parties
Applicant: Local Authority; First Respondent: Maternal Grandmother; Second Respondent: Father; Third Respondent: Children’s Guardian (PW); Fourth Respondents: Paternal Grandparents; Fifth Respondents: Maternal Uncle (U) and Partner (V)
Jurisdiction
England and Wales
Judgment Date
13 December 2018
Procedural Posture
Care Proceedings (child Protection) / Final Judgment
Outcome
Care order made placing A with maternal uncle and partner; change of name refused; no annual photographs or reports to father; contact arrangements for grandparents approved; Local Authority may refuse contact with father.
Legal Topics
Care Orders, Special Guardianship, Parental Responsibility, Contact Arrangements, Change of Name, Article 8 ECHR, Welfare Checklist
Family Law Child Protection Care Orders Special Guardianship Parental Responsibility Contact Arrangements Change of Name Article 8 ECHR +1 more

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Parties

Local Authority

Applicant

Maternal Grandmother

First Respondent

Father

Second Respondent

Children’s Guardian (PW)

Third Respondent

Paternal Grandparents

Fourth Respondents

Maternal Uncle (U) and Partner (V)

Fifth Respondents

Procedural Posture

Care Proceedings (child Protection) / Final Judgment

Legal Issues

  1. 1 Whether the threshold for a care order under section 31 Children Act 1989 is met
  2. 2 Who should be the permanent carers for the child A
  3. 3 Whether the child's surname should be changed

Ratio Decidendi

The threshold for a care order is met due to significant harm and risk from the maternal grandmother's alcohol misuse and poor decisions. The child's welfare is best served by placement with the maternal uncle and his partner under a care order. The child's surname should not be changed at present. The father should not receive annual photographs or reports about A until A can express her wishes. Contact with the father may be refused under section 34(4) Children Act 1989. Grandparent contact is agreed and approved as consistent with A's welfare.

Court Disposition

Care order made placing A with maternal uncle and partner; change of name refused; no annual photographs or reports to father; contact arrangements for grandparents approved; Local Authority may refuse contact with father.

Orders

  • Care order placing A with maternal uncle and partner
  • No change of surname for A