NG23C50181 - [2025] EWHC 810 (Fam)

The M was born in Country F She has two older children who are not subject to these proceedings and live with their great aunt in Country F.

R2 was also born in Country F. He has two other children who do not live with him and with whom he has little or no contact.

R3 has a history of very serious mental health issues and has been in hospital for much of the last few years. He was arrested for aggravated burglary in June 2024, but received a hospital order rather than a prison sentence.

The M and children have been known to Children's Services since April 2021, in part because of the M’s history of entering relationships in which domestic abuse is a feature, including with R2 and R3. There is a reference in the chronology to a referral in respect of domestic abuse in 2019. Between 2019-21 A lived with R3. Unfortunately R3 then had a mental health crisis and was admitted to hospital and A had to very rapidly move to the care of her mother.

On 14 December 2022 A, B and C were placed on a Child Protection Plan because the M was said to be not attending antenatal appointments.

On 23 February 2023 the school reported A smelling strongly of cannabis. A had had very poor school attendance.

On 18 June 2023 there was a serious incident between the M and R2. I have seen a number of videos taken by R2 and of CCTV outside the house. The M left the house with A, leaving the two younger children in the house, and rang the police. She said that she had been assaulted by R2, dragged to the floor by her hair and punched in the mouth and had a bust lip. She also made a number of allegations about R2’s past conduct. The children were in the house throughout the incident. It is worth noting that the M was three months pregnant at this point. R2 was arrested.

The following day the M reported that A had alleged R2 had touched her inappropriately, although A did not say this to the police.

R2 when interviewed by the police made a number of allegations about the M’s care of the children. I note that in the videos he also makes such allegations to the M.

It is in respect of the 18 June 2023 incident that the M and R2 have now conceded threshold. R2’s position statement states:

“4.

In respect of matters of welfare,

(a)

Proceedings are in week 80. They have gone on for too long and the parents and the children have suffered trauma and stress as a result of this process.

(b)

X loves his children very much and misses them. They children love and miss their parents. X would like his children to return to the joint care of him and M.

(c)

However, at this time X and M are living in and out of hotels, and reliant on family for financial support. They cannot offer a home or stability to the children at this time. X wants to change that for the children.

(d)

Where the children are currently placed, with Z, X is reassured that they are loved and well cared for, and he is grateful to Z. .

(e)

X does not oppose the making of a final CO for the children on the basis of the current plan. However, he would like to have contact more frequently than once a month and for contact to take place in the community. There is paternal family in the … area where the children reside, and he would welcome being able to join family events with the children.

(f)

X would like to care for the children in the future and he wishes to be reassured that at each Child in Care Review the possibility of returning the children to his care is actively considered. He would also ask that the care plan is specific in detailing the changes he and the mother need to make/what they need to achieve, before they would be assessed to care for the children.”

The M and the children were placed in a refuge. On 3 July 2023 the M made a statement to the police and photos of her injuries were taken. On 7 August the M left the refuge and she and the children moved back to live with R2. It transpires that she was in contact with R2 throughout her time in the refuge (there was more than one refuge). On 21 August the M retracted all allegations against R2.

Proceedings were commenced on 30 August 2023. A parenting assessment was undertaken of the M and R2 on 5 September 2023.

D was born on 31 December 2023.

26 weeks expired on or about 28 February 2024. It is difficult to see why proceedings could not have been completed on or very near this date. This is a case where further events happened throughout the proceedings, as will often be the case in proceedings of this type, and that became an excuse for a sequence of adjournments and ineffective Issue Resolution Hearings (“IRHs”).

Between April – May 2024 the younger children moved to Z’s care. Z is a relation of R2, who lives in County G.

On 1 July 2024 a Police Protection Notice was received when R2 contacted the police after what he said was a domestic incident between him and the M, when he alleged the M had scratched him. He subsequently retracted this allegation.

On 31 August 2024 A moved to her current foster carers in County H.

On 10 September 2024 there was an incident at contact with the younger children when the M alleged that the contact supervisors had acted unprofessionally and there appeared to be some form of dispute between the parents. The M accused the staff of bullying her, as she had done during contact at a different supervision centre.

On 14 November 2024 there was an incident at a train station when the M and R2 were returning from contact, this involved allegations made by the M against a third party, but also allegations made between the M and R2. The facts of this incident do not matter, but they form part of a pattern of both a chaotic lifestyle, but also a very combustible relationship between the M and R2.