A B & C (Children), Re [2010] EWCC 30 (Fam) (2010)

A B & C (Children), Re [2010] EWCC 30 (Fam) (2010)

The mother failed to demonstrate that the welfare of any of the three children required revocation of the care order. Her ongoing drug use, lack of honesty, unresolved risks from F2, and the emotional needs and stability of the children outweighed the improvements she had made and the wishes of the children to return. The applications to discharge the care orders were dismissed. Contact arrangements were found to be inadequate and required urgent review, but unsupervised or home contact was not appropriate at this stage.

Citation
[2010] EWCC 30 (Fam)
Parties
Applicant: Mother A; 1st Respondent: Father B; 2nd Respondent: Local Authority X; 3rd Respondent: Father C; 4th Respondent: A Guardian for the children
Jurisdiction
England and Wales
Procedural Posture
Children Act 1989 Care Proceedings / Judgment on Applications to Discharge Care Order and for Contact
Outcome
Applications to discharge care orders dismissed. Applications for contact adjourned for further directions and planning.
Legal Topics
Care Orders, Discharge of Care Orders, Contact With Children in Care, Welfare of the Child, Parental Drug Use, Domestic Violence, Sibling Contact, Section 91(14) Orders
Family Law Child Law Care Orders Discharge of Care Orders Contact With Children in Care Welfare of the Child Parental Drug Use Domestic Violence +2 more

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Parties

Mother A

Applicant

Father B

1st Respondent

Local Authority X

2nd Respondent

Father C

3rd Respondent

A Guardian for the children

4th Respondent

Procedural Posture

Children Act 1989 Care Proceedings / Judgment on Applications to Discharge Care Order and for Contact

Legal Issues

  1. 1 Whether the care order in respect of the three children should be discharged under s39 Children Act 1989
  2. 2 Whether the applicant mother is able to provide adequate care for the children
  3. 3 Whether contact arrangements with the mother and fathers should be revised

Ratio Decidendi

The mother failed to demonstrate that the welfare of any of the three children required revocation of the care order. Her ongoing drug use, lack of honesty, unresolved risks from F2, and the emotional needs and stability of the children outweighed the improvements she had made and the wishes of the children to return. The applications to discharge the care orders were dismissed. Contact arrangements were found to be inadequate and required urgent review, but unsupervised or home contact was not appropriate at this stage.

Court Disposition

Applications to discharge care orders dismissed. Applications for contact adjourned for further directions and planning.

Orders

  • Mother's application to discharge care orders in respect of all three children dismissed.
  • Mother's application for contact adjourned for the local authority to propose a new contact plan within three weeks.