L (A Child) (Placement with mother or father), Re [2019] EWFC B49 (09 January 2019)

L (A Child) (Placement with mother or father), Re [2019] EWFC B49 (09 January 2019)

The court found that while both parents love L and CO has made progress, she is not currently able to provide stable and emotionally regulated care outside a supported environment. The risk of significant emotional harm to L if placed with CO is too great, and the necessary support cannot be replicated in the community. MT is able and willing to care for L, and this placement is supported by all professionals. Therefore, L should live with MT under a supervision order, with contact to CO as recommended.

Citation
[2019] EWFC B49
Parties
Mother: CO; Father: MT; Child: L; Applicant: Local Authority (LA); Guardian: Guardian
Jurisdiction
England and Wales
Judgment Date
09 January 2019
Procedural Posture
Care Proceedings / Final Judgment
Outcome
L to live with his father MT under a supervision order; contact with mother CO as per care plan.
Legal Topics
Care Orders, Supervision Orders, Welfare of the Child, Parental Responsibility, Threshold Criteria
Family Law Child Protection Care Orders Supervision Orders Welfare of the Child Parental Responsibility Threshold Criteria

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Parties

CO

Mother

MT

Father

L

Child

Local Authority (LA)

Applicant

Guardian

Guardian

Procedural Posture

Care Proceedings / Final Judgment

Legal Issues

  1. 1 Whether L should be placed in the care of his mother (CO) or father (MT)
  2. 2 Whether the threshold for a care or supervision order under section 31(2) Children Act 1989 is met
  3. 3 Assessment of the welfare of L under section 1(3) Children Act 1989

Ratio Decidendi

The court found that while both parents love L and CO has made progress, she is not currently able to provide stable and emotionally regulated care outside a supported environment. The risk of significant emotional harm to L if placed with CO is too great, and the necessary support cannot be replicated in the community. MT is able and willing to care for L, and this placement is supported by all professionals. Therefore, L should live with MT under a supervision order, with contact to CO as recommended.

Court Disposition

L to live with his father MT under a supervision order; contact with mother CO as per care plan.

Orders

  • Living with order in favour of MT
  • Supervision order for 12 months