A v K (Appeal: Fact Finding: PD12J)
[2024] EWHC 1981 (Fam)
K v A
18 October 2023
[2023] EWFC 325 (B)
Family Court
Two parents fought in court about where their 7-year-old daughter should live and go to school. Even though they accused each other of abuse, the judge decided they mostly agreed on things, so a big hearing wasn't needed. The judge made a plan for the girl to spend more time with her dad but not equally, and decided against changing her school because it would upset her.
Key Facts
- •Welfare of 7-year-old M is paramount.
- •Parents, Mr. K (father) and Ms. A (mother), disagree on M's living arrangements, time with each parent, and school.
- •Long history of proceedings, including non-molestation orders and prior applications.
- •Previous hearings raised allegations of domestic abuse; a fact-finding hearing was initially ordered but later deemed unnecessary by DDJ Morris.
- •Subsequent hearings inconsistently revisited the need for a fact-finding hearing.
- •Mother has a conviction for common assault against the father, and M was present during the incident.
- •Both parents made various allegations of domestic abuse and controlling behavior against each other.
- •CAFCASS recommended maintaining the current contact arrangements, potentially with a slight increase.
Legal Principles
Child's welfare is paramount.
Children Act 1989, s1(3)
Application of welfare checklist in Children Act 1989.
Children Act 1989, s1(3)
Standard of proof is balance of probabilities.
Only relevant factual disputes need determination.
Fact-finding hearing only necessary if relevant to welfare decisions (PD 12J, K v K [2022] EWCA Civ 468).
PD 12J, K v K [2022] EWCA Civ 468
Consideration of domestic abuse's impact on child and arrangements (PD 12J, paras 36 & 37).
PD 12J, paras 36 & 37
Outcomes
M to live with both parents, with a specified schedule of time with each parent (increasing father's time gradually).
Best serves M's welfare, promoting equal parental roles while ensuring gradual adjustment.
Mother's application for a Specific Issues Order regarding school change refused.
Change would be too disruptive for M at this time; emotional harm outweighs travel concerns.
All other applications dismissed.