W v N-F
[2023] EWFC 302 (B)
AM v AF (private law final hearing)
30 August 2023
[2023] EWFC 153 (B)
Family Court
Three sisters' parents couldn't agree where they should live. The judge decided the kids should stay where they are, with their mom, because they're happy there. Dad gets them every other weekend and half the holidays. The judge was worried Dad was making the kids take sides, so she made sure they can still see both parents lots. Everyone will try to work better together in the future.
Key Facts
- •Three sisters (Sophie, Anna, Emma) are the subject of a child arrangements order.
- •Parents (AF and AM) separated in November 2022, with the mother leaving the family home and taking the children.
- •The mother alleged domestic abuse and coercive control by the father, but these allegations were not formally proven in court.
- •The father denied the allegations.
- •There were significant delays in the court proceedings.
- •The children have a close and loving relationship with both parents.
- •The children expressed wishes to live with their father, but the judge expressed caution about the context of these statements.
- •The mother lives in [City A] and the father lives in [Oxfordshire].
- •The children were attending school in [City A] and the new school year was about to start.
- •Both parents agreed to a shared care arrangement, but disagreed on the children's place of residence.
Legal Principles
Welfare of the child is paramount.
Children Act 1989, Section 1(3)
Holistic evaluation of different options for the children, weighing positives and negatives.
Re TC and JC (children: relocation) [2013] EWHC 292 (Fam)
No presumption in favour of a 'primary carer'.
Re TC and JC (children: relocation) [2013] EWHC 292 (Fam)
Consideration of domestic abuse allegations and potential risk to child welfare.
Practice Direction 12J of the Family Procedure Rules 2010
Outcomes
Children to live with their mother in [City A].
The children are settled in [City A], doing well at school, and further disruption is undesirable. The judge expressed concerns about the father's approach to the case and his potential to involve the children in the conflict. A move to Oxfordshire would represent another disruption and separation from the mother. Shared care is preferable, and is achievable if the father relocates to [City A].
Shared care arrangement with alternating weekends and half the school holidays with the father.
This order allows for regular contact with both parents and aims to balance the needs of both parents and children.
Parents to attend a separated parents information programme.
To aid communication and cooperation between parents.