EFM v EFF

EFM v EFF

The court found that neither parent's position was determinative and that the children's wishes, while important, must be balanced against the harm of losing a relationship with their father. There were no findings of abuse or risk of harm. The court ordered both parents to attend a Separated Parents Information Programme and for an ICFA referral to be made, with the father to access parenting support and evidence his efforts. Video contact is to continue, and the matter will be reviewed in six months. No prohibited steps or section 91(14) orders were made.

Parties
Applicant/mother: EFM; Respondent/father: EFF
Jurisdiction
England and Wales
Judgment Date
09 May 2022
Procedural Posture
Family Law Child Arrangements / Final Hearing and Judgment on Application to Vary Child Arrangements Order
Outcome
Application to vary child arrangements order allowed in part; new directions and orders made.
Legal Topics
Child Arrangements, Contact Orders, Variation of Orders, Welfare of the Child, Parental Responsibility
Family Law Children Law Child Arrangements Contact Orders Variation of Orders Welfare of the Child Parental Responsibility

Case Brief

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Parties

EFM

Applicant/mother

EFF

Respondent/father

Procedural Posture

Family Law Child Arrangements / Final Hearing and Judgment on Application to Vary Child Arrangements Order

Legal Issues

  1. 1 Whether the existing child arrangements order should be varied regarding contact between the children and their father
  2. 2 How to balance the children's wishes and feelings with the presumption of parental involvement
  3. 3 Whether to order further work with the family to promote contact

Ratio Decidendi

The court found that neither parent's position was determinative and that the children's wishes, while important, must be balanced against the harm of losing a relationship with their father. There were no findings of abuse or risk of harm. The court ordered both parents to attend a Separated Parents Information Programme and for an ICFA referral to be made, with the father to access parenting support and evidence his efforts. Video contact is to continue, and the matter will be reviewed in six months. No prohibited steps or section 91(14) orders were made.

Court Disposition

Application to vary child arrangements order allowed in part; new directions and orders made.

Orders

  • Both parents to attend a Separated Parents Information Programme if not already completed.
  • ICFA referral to be made immediately.