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P (teenager: transfer of residence: number 1), Re

[2024] EWFC 315 (B)
A 14-year-old girl is at risk because her parents constantly fight. Experts say the mom is making things worse. Even though the girl wants to live with her mom, the judge said she should live with her dad because it's safer. The judge also wants everyone to go to therapy to help fix things.

Key Facts

  • P, a 14-year-old girl, is subject to a Child Protection Plan due to concerns around Child Sexual Exploitation (CSE).
  • Parents, F (father) and M (mother), have a history of high conflict and numerous court applications regarding child arrangements.
  • A Fact-Finding Hearing (FFH) resulted in findings against both parents.
  • P's expressed wishes are to live with M, but experts question her capacity to make this decision due to emotional immaturity and influence from M.
  • Experts Dr Willemsen and TBR recommend P live with F with supervised contact with M.
  • Concerns exist regarding M's implacable hostility towards F, permissive parenting, and potential parental alienation.

Legal Principles

Burden and Standard of Proof

AS v TH, BC and NC and SH [2016] EWHC 532 (Fam)

Transfer of Residence

Re L (A Child) [2019] EWHC 867 (Fam)

Long-term supervised contact

Re S (A Child) [2015] EWCA Civ 689

Children Act 1989, Section 1: Welfare of the child

Children Act 1989

Assessing oral evidence and credibility

Re A (A Child) [2020] EWCA Civ 1230; LCC v The Children (2014) EWHC 3(Fam); Re M (Children) [2013] EWCA Civ 388

Outcomes

P to live with F.

To protect P from CSE risk, address emotional harm caused by parental conflict and M's implacable hostility, and facilitate a positive relationship with both parents.

Supervised contact between P and M.

To allow for a gradual rebuilding of the relationship while mitigating risks associated with M's behaviour.

Therapeutic intervention for P, F, and M.

To address the emotional harm suffered by P and facilitate reconciliation.

Further assessment by Dr Willemsen.

To monitor progress and inform future decisions.

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