Case No. EWFC-82

83.The pros are that he, too, has an extended family support here who can step in and assist him and to some extent mitigate the difficulties with his own physical health. He, too, is committed to his son and on many levels is able to offer him a good level of care. 84.The cons are those I have identified: The continuing risk to P in the ways that I have described of the father’s unaddressed propensity for anger and aggressive behaviour in a number of potentially different contexts which, whilst reduced by the separation of the parents, still exists in the way described by the guardian. 85.The second con, of course, is the diminution in the mother’s relationship. As I have said, I do not see it as being realistic that she can remain here and I consider that it would be potentially detrimental to her mental health if she did remain here away from her family support. Therefore, the mother too would be impacted in terms of her relationship. 86.Then there is the risk to P from the narrative from the paternal side of the family; their ability to promote the mother in a neutral, balanced and sensitive way; and their ability to promote contact. 87.Balancing the internal pros and cons of each option, and I recognise I have shorthanded them here in my final evaluation, and having regard to the detail of my analysis under the welfare checklist, I am satisfied that the risks and disadvantages in the father’s proposals outweigh the advantages and that the advantages in the mother’s proposals outweigh the disadvantages. Weighing the two options side by side, I am satisfied that P’s overriding welfare needs require that he should be permitted to return to Spain with his mother and that the proposals that she makes supported by the local authority and P’s guardian are the proposals which best meet his welfare needs. 88.They are not ideal. As in many of these cases, if not most of them, they are the least detrimental proposals because I am very aware of the inevitable impact upon the father’s relationship. But the alternative is equally damaging in terms of the mother’s relationship and the risks inherent in the father’s proposals, as I have said, outweigh the advantages and still present a risk to P which cannot be mitigated as it can in the case of the mother. 89.I endorse the contact proposals as a minimum. There will need to be a contact order. I also consider the transition plan to be well made and I consider that the agreement which has been drawn up that the maternal family need to sign does cover the risks. 90.I should add also which I have not said before is that I am quite satisfied that there are ample resources where the mother is going to be living in Spain to address any mental health difficulties, to address any support in relation to drug use and indeed to address support in relation to domestic abuse noting that that is a recommendation of the guardian and something the mother may wish to consider. _________