A (Transfer of Residence) [2021] EWFC B58 (19 August 2021)

A (Transfer of Residence) [2021] EWFC B58 (19 August 2021)

Persistent and deliberate breaches of contact orders by MA, her refusal to cooperate with the court and Guardian, and the resulting risk of significant emotional harm to A from loss of relationship with FA, outweigh the short-term distress of a change of residence. The court found no sufficient evidence of current risk from FA to A to justify continued restriction of contact or residence. A’s welfare requires transfer of residence to FA, with structured contact to MA, and protective measures including surrender of passports and prohibition on removal from the UK.

Citation
[2021] EWFC B58
Parties
Applicant/father: FA; Respondent/mother: MA; Subject Child: A (child); Child's Guardian: Guardian (Cafcass)
Jurisdiction
England and Wales
Judgment Date
19 August 2021
Procedural Posture
Child Arrangements and Prohibited Steps Order / Final Judgment After Adjourned Final Hearing
Outcome
Application granted. Residence of A transferred to FA. Prohibited steps order and passport surrender ordered.
Legal Topics
Child Arrangements Order, Prohibited Steps Order, Jurisdiction Between England and Scotland, Enforcement of Contact Orders, Domestic Abuse Allegations, Transfer of Residence, Welfare Checklist
Family Law Child Law Jurisdiction Child Arrangements Order Prohibited Steps Order Jurisdiction Between England and Scotland Enforcement of Contact Orders Domestic Abuse Allegations +2 more

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Parties

FA

Applicant/father

MA

Respondent/mother

A (child)

Subject Child

Guardian (Cafcass)

Child's Guardian

Procedural Posture

Child Arrangements and Prohibited Steps Order / Final Judgment After Adjourned Final Hearing

Legal Issues

  1. 1 What are the best arrangements for A to spend time between parents?
  2. 2 Should there be a prohibition on MA taking A out of the UK?
  3. 3 Should MA surrender her and A’s passports?

Ratio Decidendi

Persistent and deliberate breaches of contact orders by MA, her refusal to cooperate with the court and Guardian, and the resulting risk of significant emotional harm to A from loss of relationship with FA, outweigh the short-term distress of a change of residence. The court found no sufficient evidence of current risk from FA to A to justify continued restriction of contact or residence. A’s welfare requires transfer of residence to FA, with structured contact to MA, and protective measures including surrender of passports and prohibition on removal from the UK.

Court Disposition

Application granted. Residence of A transferred to FA. Prohibited steps order and passport surrender ordered.

Orders

  • A’s residence to be with FA.
  • MA prohibited from removing A from the UK.