A, L and R (Children), Re [2016] EWFC B40 (3 May 2016)

A, L and R (Children), Re [2016] EWFC B40 (3 May 2016)

The court found the mother's allegations of physical violence against ME were not proved and preferred ME's evidence. The mother's parenting was found inadequate to meet A's emotional needs, particularly due to her hostility to ME and refusal to engage with support. The court found FB had been controlling and abusive towards the mother and, at times, A. The court ordered that A should live with his father ME under a child arrangements order, with a supervision order for 12 months, and that contact with the mother should be suspended for three months and then carefully reintroduced if safe. The future of the twins remained undecided pending further assessment.

Citation
[2016] EWFC B40
Parties
First Respondent / Mother: VH; Second Respondent / Father of a: ME; Third Respondent / Father of L and R: FB; Fourth Respondent / Child: A; Fifth Respondent / Child: L; Sixth Respondent / Child: R; Applicant: Local Authority
Jurisdiction
England and Wales
Judgment Date
03 May 2016
Procedural Posture
Care Proceedings (children Act 1989 S.31) / Final Hearing and Judgment
Outcome
A to live with his father ME under a child arrangements order with a supervision order for 12 months; contact with the mother suspended for three months and to be reintroduced only if safe; interim care order for A discharged; future of twins (L and R) not finally determined, pending further assessment of FB and his...
Legal Topics
Care Orders, Child Arrangements, Domestic Violence, Parental Responsibility, Contact Arrangements, Welfare Checklist
Family Law Child Protection Care Orders Child Arrangements Domestic Violence Parental Responsibility Contact Arrangements Welfare Checklist

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Parties

VH

First Respondent / Mother

ME

Second Respondent / Father of a

FB

Third Respondent / Father of L and R

A

Fourth Respondent / Child

L

Fifth Respondent / Child

R

Sixth Respondent / Child

Local Authority

Applicant

Procedural Posture

Care Proceedings (children Act 1989 S.31) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether allegations of violence against ME and FB are proved
  2. 2 Whether the mother can safely care for the children
  3. 3 Where A should live and under what order

Ratio Decidendi

The court found the mother's allegations of physical violence against ME were not proved and preferred ME's evidence. The mother's parenting was found inadequate to meet A's emotional needs, particularly due to her hostility to ME and refusal to engage with support. The court found FB had been controlling and abusive towards the mother and, at times, A. The court ordered that A should live with his father ME under a child arrangements order, with a supervision order for 12 months, and that contact with the mother should be suspended for three months and then carefully reintroduced if safe. The future of the twins remained undecided pending further assessment.

Court Disposition

A to live with his father ME under a child arrangements order with a supervision order for 12 months; contact with the mother suspended for three months and to be reintroduced only if safe; interim care order for A discharged; future of twins (L and R) not finally determined, pending further assessment of FB and his...

Orders

  • Child arrangements order for A to live with ME
  • Supervision order for A for 12 months