P v C & Ors

P v C & Ors

The children’s welfare is paramount; both children have expressed clear wishes to remain in England, and evidence shows significant improvement in their relationship with their father due to their mother’s changed behaviour. The risk of harm can be managed by a supervision order and continued local authority...

Source-derived case information.

Parties
Applicant: P; 1st Respondent: C; 2nd Respondent: S; 3rd Respondent: N; Interested Party: Local Authority
Jurisdiction
England and Wales
Judgment Date
28 March 2018
Procedural Posture
Private Law Children Proceedings / Final Judgment After Welfare Hearing
Outcome
Children to remain living with their mother in England; application for change of residence refused.
Legal Topics
Child Arrangements, Supervision Order, Parental Alienation, Children's Welfare, Section 91(14) Order
Family Law Child Arrangements Supervision Order Parental Alienation Children's Welfare Section 91(14) Order

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Parties

P

Applicant

C

1st Respondent

S

2nd Respondent

N

3rd Respondent

Local Authority

Interested Party

Procedural Posture

Private Law Children Proceedings / Final Judgment After Welfare Hearing

Legal Issues

  1. 1 Should the residence of S and N be transferred to their father in Sweden?
  2. 2 Should a supervision order or family assistance order be made?
  3. 3 Should a section 91(14) order restricting further applications be imposed?

Ratio Decidendi

The children’s welfare is paramount; both children have expressed clear wishes to remain in England, and evidence shows significant improvement in their relationship with their father due to their mother’s changed behaviour. The risk of harm can be managed by a supervision order and continued local authority involvement. Forced removal to Sweden would cause distress and likely breakdown of placement. Litigation should be restricted to allow the children to enjoy their relationship with their father without anxiety.

Court Disposition

Children to remain living with their mother in England; application for change of residence refused.

Orders

  • Supervision order in favour of the local authority
  • Section 91(14) order restricting further applications without leave of court