XJA and YJA (Children) (Care Orders: domestic abuse), Re
[2024] EWFC 97
Swansea CC v MX & Ors.
17 March 2023
[2023] EWFC 29
Family Court
A little girl's parents hurt her older siblings, and the court decided she'd be safer living with her aunt and uncle instead. Even though the parents said they separated, the court didn't believe them, and they'll only be allowed to see the girl a little bit.
Key Facts
- •Complex public law proceedings concerning the welfare of F (3.5 years old), the youngest of six children from three interconnected families.
- •Previous fact-finding judgment (2022) established findings of domestic abuse against F's parents (MX and FZ), crossing the s31 threshold of the Children Act 1989.
- •Care orders were made for F's four older siblings. F remained with her mother, MX.
- •In February 2023, FZ made threats, leading to F's removal from MX's care and placement with her paternal aunt and uncle.
- •The court considered evidence from MX, FZ, social workers, and F's guardian.
- •Assessments by Dr. White and Ms. Carboni indicated that the family was not suitable for the Resolutions intervention model.
- •MX and FZ consistently denied the findings of abuse and showed limited insight into the harm caused to their children.
- •F's nursery reported F stating that FZ sleeps at their home, despite FZ's denial and MX's attempt to explain it as a confused memory.
- •Evidence suggests MX and FZ remain emotionally and financially interdependent.
Legal Principles
The welfare of the child is the paramount consideration.
Children Act 1989, s1
Domestic abuse impacts children, whether or not directly subjected to abuse.
Domestic Abuse Act 2021, s3
The court must consider the welfare checklist in s1 of the Children Act 1989 when determining a child's welfare.
Children Act 1989, s1(3)
A child should be brought up within their natural family where possible and consistent with their welfare needs.
Re KD [1988] AC 806; Re W [1993] 2FLR 625
The court must undertake a global, holistic, and multifaceted evaluation of the child's welfare when considering placement options.
Re G (A Child) (Care Proceedings): Welfare Evaluation [2013] EWCA Civ 965
A lie by a witness does not automatically prove guilt, but the court should consider the reasons behind the lie.
R v Lucas [1981] QB 720; H-C (Children) [2016] EWCA Civ 136
Outcomes
F is permanently placed with her paternal aunt and uncle.
This placement offers a safe environment free from the risk of significant harm posed by her parents, while allowing contact with extended family.
Contact with MX and FZ is limited to once a month.
More frequent contact would be detrimental to F's stability and security, given the parents' hostility and lack of acceptance of the court's findings.