C (A Child), Re (Rev 1) [2010] EWMC 23 (FPC) (2010)

C (A Child), Re (Rev 1) [2010] EWMC 23 (FPC) (2010)

The evidence established that C was suffering or likely to suffer significant harm due to the mother's inadequate care, satisfying the threshold for intervention. The welfare of the child required a residence order in favour of the father with a supervision order, and limited contact with the mother was necessary and proportionate.

Citation
[2010] EWMC 23 (FPC)
Parties
Applicant: X Local Authority; 1st Respondent: B; 2nd Respondent: A; 3rd Respondent: C (a child)
Jurisdiction
England and Wales
Procedural Posture
Family Proceedings (residence and Supervision Orders) / Final Hearing With Written Reasons
Outcome
Residence order in favour of father with 12-month supervision order; contact with mother limited to minimum three times a year.
Legal Topics
Residence Order, Supervision Order, Welfare of the Child, Significant Harm, Care Plan, Contact Arrangements
Family Law Child Protection Residence Order Supervision Order Welfare of the Child Significant Harm Care Plan Contact Arrangements

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Parties

X Local Authority

Applicant

B

1st Respondent

A

2nd Respondent

C (a child)

3rd Respondent

Procedural Posture

Family Proceedings (residence and Supervision Orders) / Final Hearing With Written Reasons

Legal Issues

  1. 1 Whether a residence order and supervision order should be made for C
  2. 2 Whether threshold criteria under section 31(2) Children Act 1989 are met
  3. 3 Appropriate contact arrangements with the mother

Ratio Decidendi

The evidence established that C was suffering or likely to suffer significant harm due to the mother's inadequate care, satisfying the threshold for intervention. The welfare of the child required a residence order in favour of the father with a supervision order, and limited contact with the mother was necessary and proportionate.

Court Disposition

Residence order in favour of father with 12-month supervision order; contact with mother limited to minimum three times a year.

Orders

  • C to reside with her father A under a residence order
  • Supervision order for 12 months