In Re S [a child-transfer of residence

27/09/2010 14:26


Re S (A Child - Transfer of Residence)

Transfer of residence ordered in January 2010. Attempts to implement the transfer failed. The father consented to indirect contact only. Review of the case and issues arising from situations where a child is ‘alienated’ from one parent.

S, aged 12, had been the subject of court proceedings almost continuously since 1999. Contact with the father broke down in 2006. In January 2010 HHJ Bellamy (sitting as a deputy High Court Judge) transferred the residence of S to the father [Re S (Transfer of Residence) 2010 1 FLR 1785]. The mother's appeal of this order was dismissed [Re S (A Child) [2010] EWCA Civ 291]. In March 2010 HHJ Bellamy ordered that the tipstaff be engaged to implement the order [Re S (A Child) [2010] EWHC B2 Fam]. This was appealed by S (by this time represented by a solicitor and guardian ad litem). The Court of Appeal allowed the appeal and substituted an order that S be made the subject of a 4 week interim care order (ICO), move to foster care, and contact to the father be established with the aim of transferring residence within the 4 weeks [Re S (A Child) [2010] EWCA Civ 325].  Both decisions of the Court of Appeal attracted wide publicity