W v G [2015] EW Misc B47 (CC) (11 December 2015)

W v G [2015] EW Misc B47 (CC) (11 December 2015)

The evidence demonstrates that the mother has persistently failed to comply with the spirit and letter of the shared care order, has acted to frustrate the children's relationship with their father, and is unlikely to change her behaviour. The welfare of the children requires a change of residence so that the children live with their father, who is better able to meet their emotional needs and promote their relationship with both parents.

Citation
[2015] EW Misc B47 (CC)
Parties
Applicant/father: M W; Respondent/mother: S G
Jurisdiction
England and Wales
Judgment Date
11 December 2015
Procedural Posture
Child Arrangements Order Application / Final Judgment After Contested Hearing
Outcome
Application granted. Residence order in favour of the father.
Legal Topics
Child Arrangements Order, Residence and Contact, Parental Responsibility, Welfare of the Child, Emotional Abuse, Enforcement of Orders
Family Law Child Law Child Arrangements Order Residence and Contact Parental Responsibility Welfare of the Child Emotional Abuse Enforcement of Orders

Case Brief

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Parties

M W

Applicant/father

S G

Respondent/mother

Procedural Posture

Child Arrangements Order Application / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the children's primary residence should be changed from the mother to the father
  2. 2 Whether the mother has complied with previous shared care orders
  3. 3 Whether continued shared care is in the children's best interests

Ratio Decidendi

The evidence demonstrates that the mother has persistently failed to comply with the spirit and letter of the shared care order, has acted to frustrate the children's relationship with their father, and is unlikely to change her behaviour. The welfare of the children requires a change of residence so that the children live with their father, who is better able to meet their emotional needs and promote their relationship with both parents.

Court Disposition

Application granted. Residence order in favour of the father.

Orders

  • Children to live with their father, with time spent with the mother as specified.
  • Until the father secures accommodation near the children's current school, children to live with him on alternate weekends and half the school holidays.