Caselaw Digest
Caselaw Digest

Re Bella (placement with kinship carers)

[2024] EWFC 303 (B)
A baby, Bella, was taken from her mom because her mom wasn't able to safely care for her, partly due to events concerning her older sibling. The judge decided it was better for Bella to live with other family members who can give her a safe and happy home, while Bella still gets to see her mom and dad a little bit.

Key Facts

  • Emma has two children, Felix and Bella.
  • Luke, Bella's father, caused serious injuries to Felix when he was four months old.
  • Emma failed to seek medical treatment for Felix's injuries and created false messages to manipulate situations.
  • Concerns remain about Emma's ability to prioritize her children's needs over her own, particularly regarding relationships.
  • Emma has shown some progress through therapy and a domestic abuse course.
  • Kinship carers A and B are assessed as suitable long-term carers for Bella.

Legal Principles

In care cases, the court must consider (1) whether the threshold for public law orders is met and (2) what orders best serve the child's welfare.

Children Act 1989, sections 31(2) and 1

The child's welfare is the paramount consideration.

Children Act 1989, section 1(1)

Delay in determining a child's upbringing prejudices their welfare.

Children Act 1989, section 1(2)

Outcomes

Bella will live with kinship carers A and B.

This placement provides a stable and loving environment, addressing the risks associated with Emma's parenting capacity. Emma's ongoing struggles with anxiety, emotional regulation, and prioritizing children's needs over her own relationships pose significant risks to Bella's welfare. Luke's involvement in Felix's injuries also renders him unsuitable as a primary caregiver for Bella.

Contact arrangements will be established for Emma and Luke to see Bella.

Emma will have monthly, two-hour visits with Bella to maintain the mother-daughter relationship while balancing Bella's need for stability and Emma's limited parenting capacity. Luke's contact will be limited to six times per year, due to his role in Felix's injuries, with the possibility of additional informal contact through family events.

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