W v N-F [2023] EWFC 302 (B) (19 October 2023)

W v N-F [2023] EWFC 302 (B) (19 October 2023)

The mother acted unilaterally and in breach of court orders by relocating the children and failing to facilitate contact as ordered. The existing arrangements were not working and failed to serve the welfare of the children. A shared lives with order is necessary to reflect the equal importance of both parents and to ensure the children have meaningful contact with their father. The mother must facilitate contact as specified, and the parents will share responsibility for travel and holding the children's passports.

Citation
[2023] EWFC 302 (B)
Parties
Father: Mr W; Mother: Ms N-F
Jurisdiction
England and Wales
Judgment Date
19 October 2023
Procedural Posture
Children Act Proceedings / Final Judgment After Contested Hearing
Outcome
Application granted in part; child arrangements order varied to shared lives with order; prohibited steps and passport arrangements ordered; costs adjourned.
Legal Topics
Child Arrangements Order, Prohibited Steps Order, Specific Issue Order, Variation of Order, Parental Responsibility
Family Law Child Arrangements Order Prohibited Steps Order Specific Issue Order Variation of Order Parental Responsibility

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Parties

Mr W

Father

Ms N-F

Mother

Procedural Posture

Children Act Proceedings / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the mother acted lawfully in unilaterally relocating the children and changing their school
  2. 2 Whether the mother complied with existing child arrangements orders
  3. 3 What arrangements best serve the welfare of the children

Ratio Decidendi

The mother acted unilaterally and in breach of court orders by relocating the children and failing to facilitate contact as ordered. The existing arrangements were not working and failed to serve the welfare of the children. A shared lives with order is necessary to reflect the equal importance of both parents and to ensure the children have meaningful contact with their father. The mother must facilitate contact as specified, and the parents will share responsibility for travel and holding the children's passports.

Court Disposition

Application granted in part; child arrangements order varied to shared lives with order; prohibited steps and passport arrangements ordered; costs adjourned.

Orders

  • Shared lives with order: children live with mother during the week and with father on alternate weekends
  • Mother to bring children to Redhill station every other Friday at 6.30pm; father to return them