Key Facts
- •Care order for Mary (child) in favour of Cumbria County Council since October 2018.
- •Mother (Bethany) consistently failed to attend court hearings, despite various accommodations offered.
- •Bethany engaged in social media activity that jeopardized Mary and Alice's anonymity, violating court orders.
- •Bethany refused to cooperate with assessments, including an independent social work assessment.
- •Alice (other parent) cooperated fully with all assessments and court proceedings.
- •Independent Social Worker assessment highlighted Bethany's negative influence on Mary and the risk of harm.
- •Concerns about Bethany's manipulative behavior and lack of change.
- •Final hearing proceeded in Bethany's absence due to her non-attendance and lack of cooperation.
Legal Principles
Overriding Objective of the Family Court: Welfare of the child is paramount.
Children Act 1989
Section 91(14) Children Act 1989: Power to restrict further applications to court.
Children Act 1989
Section 34 Children Act 1989: Court's power to make orders regarding child arrangements.
Children Act 1989
Section 8 Children Act 1989: Court's power to make orders regarding parental responsibility.
Children Act 1989
Section 12 Administration of Justice Act 1960: Restrictions on publication of family proceedings.
Administration of Justice Act 1960
Outcomes
Care order discharged.
Alice is a capable parent, and the continued care order is an unwarranted intrusion.
Supervision order made for Mary.
To provide ongoing support and guidance for Mary for 12 months.
Child Arrangements Order: Mary to live with Alice.
In Mary's best interests given Alice's capabilities and Bethany's lack of cooperation.
Supervised contact between Mary and Bethany.
To mitigate risks posed by Bethany's influence, with Alice determining supervisors and venue.
Section 91(14) Order for 5 years.
To provide stability and prevent further unnecessary court applications by Bethany.
Specific Issue Orders granting Alice parental responsibility decisions.
To enable Alice to make decisions regarding Mary's health, education, and holidays without Bethany's consent.