M (Children : Welfare Hearing : No 2)

M (Children : Welfare Hearing : No 2)

B is suffering and likely to suffer significant harm due to the paternal family's manipulative environment, particularly the grandmother's influence; removal from current environment and placement in foster care is necessary and proportionate to safeguard her welfare.

Parties
Applicant: Mother; First Respondent: Father; Second Respondent: Paternal Grandmother; Children's Guardian: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
08 October 2015
Procedural Posture
Family / Welfare Hearing
Outcome
Interim care order granted for B for eight weeks; local authority directed to investigate and report; B to be removed from paternal home and placed with suitable foster parents; no contact with paternal grandmother; supervised contact with father; guardian appointed for future proceedings.
Legal Topics
Child Custody, Interim Care Order, Parental Alienation, Contact Arrangements
Family Law Child Welfare Child Custody Interim Care Order Parental Alienation Contact Arrangements

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Parties

Mother

Applicant

Father

First Respondent

Paternal Grandmother

Second Respondent

Children's Guardian

Children's Guardian

Procedural Posture

Family / Welfare Hearing

Legal Issues

  1. 1 Whether B should be removed from the paternal family environment
  2. 2 Whether an interim care order is necessary for B
  3. 3 Appropriate arrangements for contact and reunification of siblings

Ratio Decidendi

B is suffering and likely to suffer significant harm due to the paternal family's manipulative environment, particularly the grandmother's influence; removal from current environment and placement in foster care is necessary and proportionate to safeguard her welfare.

Court Disposition

Interim care order granted for B for eight weeks; local authority directed to investigate and report; B to be removed from paternal home and placed with suitable foster parents; no contact with paternal grandmother; supervised contact with father; guardian appointed for future proceedings.

Orders

  • Local authority to investigate B's circumstances under s.37(1) Children Act and file report in eight weeks.
  • Interim care order for B for eight weeks under s.38(1)(b) Children Act.