B v C & Anor [2023] EWFC 327 (B) (24 July 2023)

B v C & Anor [2023] EWFC 327 (B) (24 July 2023)

The welfare checklist analysis supports a change of A's primary residence to her Father because the Mother has repeatedly and deliberately obstructed contact, causing emotional harm, and is unlikely to change her approach. The only way to prevent further harm and disruption is to move A to live with her Father, who is better able to meet her emotional needs and support her relationship with both parents.

Citation
[2023] EWFC 327 (B)
Parties
Father: B; Mother: C; Child: A
Jurisdiction
England and Wales
Judgment Date
24 July 2023
Procedural Posture
Private Law Children Proceedings (child Arrangements Order) / Final Judgment After Fact Finding and Welfare Hearing
Outcome
Application granted; residence order in favour of Father.
Legal Topics
Child Arrangements Order, Change of Residence, Enforcement of Contact, Parental Alienation, Welfare Checklist, Section 8 Orders, Section 7 Report
Family Law Child Arrangements Order Change of Residence Enforcement of Contact Parental Alienation Welfare Checklist Section 8 Orders Section 7 Report

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Parties

B

Father

C

Mother

A

Child

Procedural Posture

Private Law Children Proceedings (child Arrangements Order) / Final Judgment After Fact Finding and Welfare Hearing

Legal Issues

  1. 1 Whether the child's primary residence should be changed from Mother to Father
  2. 2 Whether the Mother has caused emotional harm by obstructing contact
  3. 3 Whether the welfare checklist supports a change of residence

Ratio Decidendi

The welfare checklist analysis supports a change of A's primary residence to her Father because the Mother has repeatedly and deliberately obstructed contact, causing emotional harm, and is unlikely to change her approach. The only way to prevent further harm and disruption is to move A to live with her Father, who is better able to meet her emotional needs and support her relationship with both parents.

Court Disposition

Application granted; residence order in favour of Father.

Orders

  • A to move to live with her Father from the new school term in January.
  • Contact with Mother to mirror previous arrangements with Father unless parties agree otherwise.