T v S (Wardship)

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MS. S. KING (instructed by Dawson Cornwell) appeared on behalf of the Plaintiff. MS. J. ROACH (instructed by Fitzhugh Gates) appeared on behalf of the first Defendant. MS. F. WILEY (instructed by Mayowynne Baxter) appeared on behalf of the Guardian. ____________________

(1) Should this case be dealt with in Wardship or by conventional orders under the Children Act? Without reciting a great deal of rather old case law it suffices to say that, in the circumstances of today, a Wardship is unusual but remains permissible where the needs of the child so require within a private law context. I have been guided by that in my consideration whether Wardship is appropriate in this case.

(3) How then should the time be divided? The ultimate goal and purpose of the order is to achieve a state of affairs where H spends the first, third and fifth weekend of each calendar month with his father from school until Sunday evening; that there should be an equal division of half-terms and holidays and that that should be achieved by no later than the next 15 months or so. I am not going to weary this judgment with a detailed analysis of how that is to be built up because in this case I have thought it proper to draft an order which sets out the exact details of how that is to happen.