X and Y (Children) (Child arrangements, Prohibited Steps, Passports), Re
[2024] EWFC 322 (B)
M v F & Ors
8 December 2023
[2023] EWFC 246 (B)
Family Court
A judge decided where four children should live after their parents fought in court. The oldest child will mostly live with his dad but see his mom regularly. The younger kids will live with their mom, and see their dad in a safe place. The judge also protected the mom from the dad, and the dad has to pay some of the mom's legal bills.
Key Facts
- •Proceedings concerning four children: Child A (14), Child B (10), Child C (8), and Child D (7).
- •Private law proceedings between mother (M) and father (F).
- •Previous fact-finding hearing resulted in findings of abuse against the father.
- •Child A lives with father, younger children with mother.
- •Dispute over Child A's schooling (father wants private school), contact arrangements, and children's surname.
- •Recent allegations and disagreements between Child A and mother led to cessation of contact.
- •Father recently accepted onto a Positive Change Service (PCS) course.
Legal Principles
Children's welfare is paramount.
Children Act 1989, s.1(3)
No order unless better for the child than no order.
Children Act 1989, s.1(5)
Presumption of parental involvement furthering child's welfare.
Children Act 1989, s.1(2A)
Consideration of Article 8 ECHR (right to family life).
Article 8, European Convention on Human Rights
Practice Direction 12J (domestic abuse).
Practice Direction 12J
Non-molestation orders under FLA 1996, s.42.
Family Law Act 1996, s.42
Costs orders in children proceedings – discretion of the court, considering conduct and reasonableness.
Senior Courts Act 1981, s.51; FPR 28.1; CPR 44.2
Outcomes
Shared 'lives with' order for Child A (majority time with father, regular contact with mother).
In Child A's best interests to maintain relationship with both parents, despite his wishes; supervised contact not deemed necessary.
'Live with' order for Child B, C, and D with mother; fortnightly supervised contact with father.
To ensure safety and emotional well-being due to father's past behaviour and ongoing concerns; unsupervised contact deemed unsafe at this time.
Child A to remain at current school.
Change of school at this crucial educational stage deemed not in best interests; concerns about remote learning and bullying require further investigation.
Children's legal surname to remain F's surname for Child A; M's surname for Child B, C, and D (for passport purposes only).
Balancing children's wishes and identity with practical needs of passport renewal; Child A's wishes given significant weight.
Non-molestation order in favour of mother for two years.
To protect mother from father's potential behaviour given past findings of abuse and ongoing concerns.
Father to pay 70% of mother's costs from the fact-finding hearing.
Reflects significant findings against the father and the mother's credible evidence.