A, B, and C (Children : Interim Care Orders )
2014
FAMILY DIVISION
United Kingdom
CORAM
- MR. JUSTICE BODEY
Areas of Law
- Family Law
- Health Law
2014
FAMILY DIVISION
United Kingdom
CORAM
AI Generated Summary
The case concerns an application by a Local Authority for Interim Care orders for three children due to the father's history of mental health issues and alcohol abuse, presenting a risk to their safety. The court emphasized that the welfare of the children is paramount and extended the interim care order for 28 days, citing the need for immediate separation to prevent potential harm. The parents were urged to cooperate with the assessments to ensure the children's safe return.
J U D G M E N T
MR JUSTICE BODEY
To save time and expense, this transcript has been prepared by the clerk to Mr Justice Bodey based on the Judgment delivered orally. It is definitive and no other transcript should be bespoken. Permission is given to report it in this anonymised form, but nothing is to be reported or disclosed without the permission of the Court which may disclose the identity of the parties, nor the children, nor where they or any of them live. Any breach of these requirements would be a contempt of Court.
1. This is an application by a Local Authority for urgent Interim Care orders regarding three children whom I shall call A, B and C. They are aged 3, 2 and 9 months respectively. Their mother whom I shall call “the mother” is in her mid 20’s and their father (whom I shall call “the father”) is in his mid 40’s. They are both Polish, but came to this country about four years ago and have lived here ever since. Thus, all three children were born here. On the present evidence, it would appear that the parents, and therefore in this case the children, have habitual residence here, applying the test now required by decisions of the Supreme Court. There is no dispute that the threshold for interim care orders is met. The issue is therefore that of the welfare of the children, which is the court’s paramount consideration. I must have regard to the S1(3) Welfare Checklist, which I have well in mind. Since this is an urgent interim hearing, nothing I shall say is to be taken as a definitive finding of fact.
2. The Local Authority became involved with the family in 2011 after the birth of A. There were poor home conditions and two reported incidents of domestic violence. For a short period of time A was accommodated, but subsequently returned to his parents’ care. At that time the Local Authority was not aware of the circumstances of the father’s alleged alcohol abuse. Recently in February 2014, he admitted to social worker Nicole Bell that, during a period in 2011 when the mother and A were living apart from him, he had drunk excessively and not looked after himself appropriately.
Following the problems in 2011, things seemed to be going well until April 2012, at which time the mother was 6 months pregnant with B. She contacted the then social worker in a highly distressed state to report that the father had been drinking alcohol. She asked the social worker to visit immediately. On doing so, the social worker found the father heavily intox