SB v RB and AM & Ors [2008] EWHC 938 (Fam) (23 April 2008)

SB v RB and AM & Ors [2008] EWHC 938 (Fam) (23 April 2008)

Given the mother's inability to protect SB and the risk of emotional and physical harm if returned, SB's welfare is best served by remaining with her uncle and aunt, who have provided stable and committed care.

Citation
[2008] EWHC 938 (Fam)
Parties
Applicant: SB; First Respondent: RB; Second Respondent: AM; Third Respondent: EK
Jurisdiction
England and Wales
Judgment Date
23 April 2008
Procedural Posture
Family Law Wardship and Residence Order / Final Hearing on Residence Order and Welfare Arrangements
Outcome
Residence order granted in favour of AM and EK; SB to remain in their care.
Legal Topics
Wardship, Forced Marriage, Residence Order, Child Welfare, Parental Neglect
Family Law Child Protection Wardship Forced Marriage Residence Order Child Welfare Parental Neglect

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Parties

SB

Applicant

RB

First Respondent

AM

Second Respondent

EK

Third Respondent

Procedural Posture

Family Law Wardship and Residence Order / Final Hearing on Residence Order and Welfare Arrangements

Legal Issues

  1. 1 Whether SB should reside with her mother or remain with her uncle and aunt
  2. 2 Whether returning SB to her mother would place her at risk of harm
  3. 3 Whether the mother's actions and circumstances are compatible with SB's welfare

Ratio Decidendi

Given the mother's inability to protect SB and the risk of emotional and physical harm if returned, SB's welfare is best served by remaining with her uncle and aunt, who have provided stable and committed care.

Court Disposition

Residence order granted in favour of AM and EK; SB to remain in their care.

Orders

  • SB to reside with AM and EK.
  • Contact with mother to remain supervised.