J (a Minor), Re

J (a Minor), Re

The court found that the mother has not demonstrated any proven or sustained change in her behaviour, continues to lack insight into the emotional harm caused to J, and poses a real risk of further emotional harm if J were returned to her care. J is thriving in the father's care, and his welfare demands stability and certainty. The overwhelming evidence from professionals supports J remaining with his father, with supervised contact to the mother. The mother's assertions of change are unproven and contradicted by her conduct throughout proceedings.

Parties
Applicant: The Father; 1st Respondent: The Mother; 2nd Respondent: J (a child) via guardian Zile Ngwenya
Jurisdiction
England and Wales
Judgment Date
03 March 2023
Procedural Posture
Child Arrangements Order (family) / Final Judgment
Outcome
Application granted. Child to remain living with the father. Supervised direct and indirect contact with the mother ordered. Family Assistance Order made.
Legal Topics
Child Arrangements Order, Parental Responsibility, Parental Alienation, Welfare of the Child, Contact Arrangements, Change of Residence, Supervised Contact, Family Assistance Order
Family Law Child Law Child Arrangements Order Parental Responsibility Parental Alienation Welfare of the Child Contact Arrangements Change of Residence +2 more

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Parties

The Father

Applicant

The Mother

1st Respondent

J (a child) via guardian Zile Ngwenya

2nd Respondent

Procedural Posture

Child Arrangements Order (family) / Final Judgment

Legal Issues

  1. 1 Whether the child J should continue to reside with the father or be returned to the mother
  2. 2 Whether the mother has changed sufficiently to warrant a change in residence
  3. 3 What contact arrangements are in the child's best interests

Ratio Decidendi

The court found that the mother has not demonstrated any proven or sustained change in her behaviour, continues to lack insight into the emotional harm caused to J, and poses a real risk of further emotional harm if J were returned to her care. J is thriving in the father's care, and his welfare demands stability and certainty. The overwhelming evidence from professionals supports J remaining with his father, with supervised contact to the mother. The mother's assertions of change are unproven and contradicted by her conduct throughout proceedings.

Court Disposition

Application granted. Child to remain living with the father. Supervised direct and indirect contact with the mother ordered. Family Assistance Order made.

Orders

  • The child shall live with the applicant father.
  • The father shall make the child available for reasonable contact with the mother, including ongoing indirect (facetime) contact and supervised direct contact approximately every two months at a contact centre.