A court made a care order for a child until she turns 18, subject to her remaining in her current foster placement, and ordered a review of the parents’ circumstances and the child’s welfare in 12 months.
The Child and Family Agency sought a care order under section 18 of the Child Care Act 1991. The mother agreed to an order until the child’s 18th birthday on condition that she remain with her current foster carers. The father said he could not care for her at that time but sought a two-year order and access while he worked towards resuming care. The guardian ad litem recommended an order until the child turned 18, with a review after a year.
After a five-day hearing, the court found that the child had spent most of her life in care with the same foster couple, beginning when she was about six weeks old. It found that the mother was not then able to care for her, while noting their loving bond and the child’s wish to see her. The court also found that the father loved his daughter and was committed to access, but that he had never been her primary carer and that their relationship needed sustained support to develop. It accepted a psychologist’s assessment and recommendations concerning the father; he did not accept the diagnosis described in the judgment.
The court said the order was proportionate to the child’s welfare and attachments. It made the care order under section 18(1)(b) and (c), with directions under section 47 and a section 37 access order. The directions set minimum objectives of access with the mother one week each month and with the father three out of four weeks each month. Access is to be child-led, reviewed regularly by the Agency, and adjusted in line with the child’s welfare and wishes. The Agency was also directed to support each parent in accessing appropriate services and to keep both informed about the child’s health, development and education.
The court set a review for 26 November 2018 to consider the parents’ progress, whether either could resume or share full-time parenting, and the child’s wishes and welfare. If a change in placement is contemplated, the matter must return to court, where either parent may seek a hearing. The judgment also set a further court listing about access for 16 April 2018 and adjourned the parents’ costs applications to that date. The order does not itself decide whether either parent will later resume or share care.