SZ v Birmingham City Council & Ors

SZ v Birmingham City Council & Ors

The father's applications for contact were summarily dismissed because the children, both Gillick-competent, would unambiguously refuse any contact and such contact would not be in their best interests. The care order for B was discharged as the evidence showed the mother provided a stable and positive environment,...

Source-derived case information.

Parties
Applicant: SZ; First Respondent: Birmingham City Council; Second Respondent: DK; Third Respondent: BD; Fourth Respondent: SD
Jurisdiction
England and Wales
Judgment Date
02 March 2021
Procedural Posture
Family / Judgment on Applications for Contact and Discharge of Care Order
Outcome
Father's applications for contact summarily dismissed; care order for B discharged.
Legal Topics
Contact With Children, Care Orders, Discharge of Care Orders, Children's Welfare, Gillick Competence
Family Law Child Law Contact With Children Care Orders Discharge of Care Orders Children's Welfare Gillick Competence

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Parties

SZ

Applicant

Birmingham City Council

First Respondent

DK

Second Respondent

BD

Third Respondent

SD

Fourth Respondent

Procedural Posture

Family / Judgment on Applications for Contact and Discharge of Care Order

  1. 1 Whether the applicant-father should be granted contact (direct or indirect) with his children B and K
  2. 2 Whether the care order in respect of B should be discharged

Ratio Decidendi

The father's applications for contact were summarily dismissed because the children, both Gillick-competent, would unambiguously refuse any contact and such contact would not be in their best interests. The care order for B was discharged as the evidence showed the mother provided a stable and positive environment, and the local authority no longer wished to keep B in care.

Court Disposition

Father's applications for contact summarily dismissed; care order for B discharged.

Orders

  • Father's applications for contact with B and K are dismissed.
  • Care order in respect of B is discharged.