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Contact and residential orders made in respect of PX whose mother MX had made unsubstantiated claims of sexual and physical abuse against the father FX. PX is 18 years old. She has been diagnosed with Downs Syndrome, Hirschsprung's Disease (a bowel disorder), Hypothyroidism and Nystagmus. She has learning difficulties, speech and language difficulties, which affect her capacity to make decisions about her affairs. This hearing was to determine what contact she should have with her mother MX and her father PX, where she should reside during the holidays and whether MX and PX could take her abroad for a holiday. MX had asserted throughout these contested hearings that FX was physically and sexually abusing PX.
The court made orders that 1) PX lacks capacity to conduct these proceedings, and lacks capacity to make a decision about her residence and contact arrangements; 2) it was in PX's best interests that she should spend the college holidays in FX's care; and 3) it was in PX's best interests that her face to face contact with MX should be supervised by a professional, and where (for practical reasons) this is not possible, MX's contact must be limited to video calls, now to be monitored by a professional (college staff or a SW). Read the full text of the judgment on Bailii Comments are closed.
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Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available.
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