LT v RT
[2024] EWHC 2085 (Fam)
W v N-F
19 October 2023
[2023] EWFC 302 (B)
Family Court
Mom moved far away with the kids without telling Dad. The judge said that was wrong and ordered that the kids will now live with Mom during the week and Dad on alternate weekends, to make sure Dad sees them. Because Mom and Dad don't trust each other, each will keep one child's passport.
Key Facts
- •Father applied for prohibited steps order, specific issue order (not pursued), and variation of child arrangements order.
- •Existing order (May 2019): children live with mother, shared holidays and alternate weekends with father.
- •Financial order (Nov 2019): housing fund for mother, property within reasonable distance of children's school.
- •Mother unilaterally moved children to Buckinghamshire in September 2021, without informing father or court.
- •Mother's subsequent actions consistently hindered father's contact with children.
- •Father hasn't seen children since January 2023.
- •Children are 10 and 9 years old.
Legal Principles
Welfare of the child is paramount.
Children Act 1989, section 1(1)
Welfare checklist in section 1(3) of the Children Act 1989 should be considered.
Children Act 1989, section 1(3)
Parents have equal responsibility for their children.
Not explicitly stated, but implied throughout the judgment
Outcomes
Shared care order: children live with mother during the week and with father on alternate weekends.
Existing arrangements were not working; mother's actions consistently undermined father's role; shared care order to ensure both parents equally involved.
Specific arrangements for handover at Redhill station.
To facilitate contact and shared responsibility.
Mother to hold one child's passport, father the other.
Due to lack of trust between parents.
Cost application adjourned.
Standard procedure.