J (A Child), Re [2010] EWMC 62 (FPC) (2010)

J (A Child), Re [2010] EWMC 62 (FPC) (2010)

The threshold criteria for a care order are satisfied as J suffered and was likely to suffer significant harm attributable to the care not being what it would be reasonable to expect a parent to give. The care order is necessary to secure J's welfare and future development, as neither parent is presently able to...

Source-derived case information.

Citation
[2010] EWMC 62 (FPC)
Parties
Applicant: X Local Authority; First Respondent: Ms W; Second Respondent: Mr H; Third Respondent: J (a child through his Children’s Guardian)
Jurisdiction
England and Wales
Procedural Posture
Care Order Application / Final Hearing
Outcome
Care order granted to X Local Authority
Legal Topics
Care Order, Parental Responsibility, Child Welfare, Contact Arrangements
Family Law Child Protection Care Order Parental Responsibility Child Welfare Contact Arrangements

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Parties

X Local Authority

Applicant

Ms W

First Respondent

Mr H

Second Respondent

J (a child through his Children’s Guardian)

Third Respondent

Procedural Posture

Care Order Application / Final Hearing

Legal Issues

  1. 1 Whether threshold criteria for care order are satisfied
  2. 2 Whether care order is in child's best interests
  3. 3 Appropriateness of contact arrangements

Ratio Decidendi

The threshold criteria for a care order are satisfied as J suffered and was likely to suffer significant harm attributable to the care not being what it would be reasonable to expect a parent to give. The care order is necessary to secure J's welfare and future development, as neither parent is presently able to provide appropriate care.

Court Disposition

Care order granted to X Local Authority

Orders

  • Care order made in respect of J to X Local Authority
  • Care plan approved