ADDITIONAL ANALYSIS
29.During the hearing, the Social Worker took instructions from her manager at my direction. The indication of the Local Authority, in simple terms and adopting my words, was that if the child was to remain with mother, the local authority would be issuing public law proceedings for a care order and seeking removal from the mother’s care. In the event that this court sanctioned the change of residence to father they did not consider that they needed to share Parental Responsibility and would not be issuing public law proceedings. 30.I explained this to the mother, she remained resolute that she was an excellent mother and change was not necessary. She make allegations of lying against Dr Alwin with no obvious support at present and she also criticised the Social Worker in similar terms saying that no-one listened to her.31.She insisted that she would promote contact and could improve.32.In addition to the evidence from the psychologists and the Local Authority, there remain other very relevant issues in this case which require urgent attention and consideration and which can give rise to emotional, psychological or physical harm to the child.•Mother has failed to engage with alcohol services in relation to her alcohol use and has been discharged from Achieve. The alcohol testing within these proceedings in February 2022 showed chronic and excessive use of alcohol. There is no evidence of change or sustained abstinence;•Mother has continued to engage in a relationship with Mr L…. which was abusive, the police evidence shows blood spatter at the house arising from a reported incident of domestic abuse. She seems to be unaware of the risks to her children including the child she has with Mr L;•Mother does not work honestly or openly with the professionals – examples being her unsubstantiated accusations of the psychologist lying, her failure to work with the Local Authority regarding the Child in Need Plan, her complete failure to engage with DNA testing such that a declaration of paternity was made due to non-attendance; her refusal to undergo DNA testing to the court. At best she shows disguised compliance, at worst dishonesty•Her continued suggestions to the child and others that he has been the subject of sexual abuse by the father– which she then denies making on occasions (Eg Dr Alwin, she alleges she did not say this and he lied)•The recent information that the mother is moving house again to a different (and not local) area, disclosed not by the mother but following the Social Worker having seen a for sale sign outside her current property, no notification given to any party or the court of her plans – she informed the Social Worker during the preparation of the S.37 report that she was remaining in the local area•The lack of disclosure to the Social Worker and Guardian that she has previously had a child placed away from her care•Her assessed complete inability to promote a relationship with the child’s father and the influence she continues to have over his thoughts and wishes and feelings•The emotional presentation of the child as set out in the psychological assessment. It is fortunate that despite the mother’s efforts, the child has, as yet, not shown signs of being fully alienated against his father33.The father has prepared a robust plan for the child, taking into account schooling, medical care and his family support network. He has diligently and at great expense pursued his application despite the avoidance tactics of the mother.34.It was the plan of the Local Authority for the child to move to his fathers in a staged way, with supported contact as follows (page 368):•The Local Authority are of the view that that the emotional harm and parental alienation enforce the right to request a change of care of the child’s primary caregiver; and it should be considered for the child to return to [………….] to reside with his father full time and contact between the child and the mother to be supported. The child needs structure, stability, family and support and to reside in an environment where he can thrive and not witness domestic abuse or parental alcohol use.•
- INTRODUCTION AND THE APPLICATION TODAY
- THE BACKGROUND AND THE FATHERS ORIGINAL APPLICATION
- CHRONOLOGY OF THE COURT PROCEEDINGS
- THE URGENT ISSUE OF INTERIM RESIDENCE
- THE LAW
- ADDITIONAL ANALYSIS
- The Local Authority is incredibly mindful that given the concerns identified in regards to the mother’s behaviour in the psychological report that a slow reintroduction for the child back to his father’s care could potentially be disrupted by the mother due to the negative views she holds of the father.
- CONTACT
- INTERIM ORDER AND DECISION
- Change of Residence
- Order Against the Child’s School
- Prohibited Steps Order
- Change of School
- Change of GP
- Change of Dentist
