Key Facts
- •Father applied for a Child Arrangements Order, including an urgent change of residence for his toddler daughter, A.
- •Mother initially opposed but ultimately consented to the change.
- •Mother had previously made unsubstantiated allegations of abuse against the father.
- •Mother's behaviour included refusing contact, secretly using a tracking device on A, and making further false allegations to police and social services.
- •The Guardian recommended an immediate change of residence, supervised contact for the mother, and a psychological assessment for the mother.
- •The court considered evidence from CAFCASS, the local authority, and the Guardian.
Legal Principles
The child's welfare is paramount.
Children Act 1989, Section 1
A change of residence is not a last resort and the threshold for a change of residence should, if anything, be lower than the test applied for removal to foster care in public law proceedings.
Re L (A Child) [2019] EWHC 867 (Fam); Re H (Parental Alienation) [2019] EWHC (Fam); C (A Child: Interim Separation) [2020] EWCA Civ 257
Outcomes
Change of residence order granted: A to live with the father.
Mother's behaviour posed a significant risk of emotional and potential physical harm to A. The court found the mother's actions, including false allegations and attempts to control the father, constituted alienation and created a risk of further harm. The father was deemed a capable and suitable parent.
Supervised contact ordered for the mother.
To protect A's welfare during the transition and until a psychological assessment of the mother is conducted.
Prohibited steps order made against the mother.
To prevent the mother from interfering with A's placement with the father.
Section 37 Children Act 1989 direction issued to the local authority.
To investigate the circumstances and consider whether care or supervision proceedings are necessary.