A Child (No 2: Enforcement and suspended transfer of residence), Re [2024] EWFC 473 (B) (14 October 2024)

A Child (No 2: Enforcement and suspended transfer of residence), Re [2024] EWFC 473 (B) (14 October 2024)

The mother unreasonably breached contact orders without reasonable excuse, causing emotional harm to A by frustrating her relationship with her father. The threshold for immediate transfer of residence is not met, but a conditional shared care order is necessary to protect A's welfare and ensure meaningful contact with both parents. Costs for missed contacts are awarded to the father due to the mother's unreasonable breaches.

Citation
[2024] EWFC 473 (B)
Parties
Applicant/father: F; Respondent/mother: M; Child: A; Guardian: Guardian (Cafcass)
Jurisdiction
England and Wales
Judgment Date
14 October 2024
Procedural Posture
Child Arrangements/family Law / Final Hearing
Outcome
Conditional shared care order; enforcement of contact; costs awarded to father for missed contacts; passport to be held by father; liberty to restore for 6 months; no immediate transfer of residence.
Legal Topics
Child Arrangements Order, Enforcement of Contact, Prohibited Steps Order, Specific Issue Order, Shared Care, Change of Residence, Parental Responsibility, Domestic Abuse Allegations, Fact Finding Hearing
Family Law Child Law Child Arrangements Order Enforcement of Contact Prohibited Steps Order Specific Issue Order Shared Care Change of Residence +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

F

Applicant/father

M

Respondent/mother

A

Child

Guardian (Cafcass)

Guardian

Procedural Posture

Child Arrangements/family Law / Final Hearing

Legal Issues

  1. 1 Whether to transfer residence of A to the father
  2. 2 Whether to enforce contact orders and award costs
  3. 3 Whether to make a shared care order

Ratio Decidendi

The mother unreasonably breached contact orders without reasonable excuse, causing emotional harm to A by frustrating her relationship with her father. The threshold for immediate transfer of residence is not met, but a conditional shared care order is necessary to protect A's welfare and ensure meaningful contact with both parents. Costs for missed contacts are awarded to the father due to the mother's unreasonable breaches.

Court Disposition

Conditional shared care order; enforcement of contact; costs awarded to father for missed contacts; passport to be held by father; liberty to restore for 6 months; no immediate transfer of residence.

Orders

  • A to live with father every other weekend from Friday 3pm to Monday 9am, and 2 nights in intervening week; holidays to be shared equally; handovers between grandmothers; mother to pay father's wasted contact and travel costs (£8.89 per journey); father's application for immediate transfer of residence refused but...