K and P (children - child arrangements order and specific issue order no 2) [2025] EWFC 111 (B) (07 February 2025)

K and P (children - child arrangements order and specific issue order no 2) [2025] EWFC 111 (B) (07 February 2025)

The court found that P's reluctance to attend school and spend time with her father was not the result of alienating behaviour by the mother, but stemmed from the emotional impact of chronic parental conflict and the father's approach. The mother had taken reasonable steps to support P's schooling and relationship with her father. The paramount consideration was P's welfare, which required stability, respite from conflict, and agency in her educational future. The court concluded that P should live with her mother and that the existing contact arrangements should continue, with the possibility of schooling in Country A subject to further review and P's wishes.

Citation
[2025] EWFC 111 (B)
Parties
Applicant Father: A; Respondent Mother: B; Second and Third Respondents: K and P (through their children's guardian, ad litem)
Jurisdiction
England and Wales
Judgment Date
07 February 2025
Procedural Posture
Children Act 1989 Proceedings (child Arrangements and Specific Issue Orders) / Final Judgment After Remittal From High Court Appeal
Outcome
Application for change of residence refused; P to remain living with her mother. Existing contact arrangements to continue. No finding of alienation against the mother. No final order for independent social worker. Proceedings concluded.
Legal Topics
Child Arrangements Order, Specific Issue Order, Welfare of the Child, Parental Conflict, School Refusal, Relocation, Parental Responsibility
Family Law Child Arrangements Order Specific Issue Order Welfare of the Child Parental Conflict School Refusal Relocation Parental Responsibility

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 5 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

A

Applicant Father

B

Respondent Mother

K and P (through their children's guardian, ad litem)

Second and Third Respondents

Procedural Posture

Children Act 1989 Proceedings (child Arrangements and Specific Issue Orders) / Final Judgment After Remittal From High Court Appeal

Legal Issues

  1. 1 Whether P should live with her father or mother
  2. 2 Whether P should attend school in England or Country A
  3. 3 Whether the mother has engaged in alienating behaviour

Ratio Decidendi

The court found that P's reluctance to attend school and spend time with her father was not the result of alienating behaviour by the mother, but stemmed from the emotional impact of chronic parental conflict and the father's approach. The mother had taken reasonable steps to support P's schooling and relationship with her father. The paramount consideration was P's welfare, which required stability, respite from conflict, and agency in her educational future. The court concluded that P should live with her mother and that the existing contact arrangements should continue, with the possibility of schooling in Country A subject to further review and P's wishes.

Court Disposition

Application for change of residence refused; P to remain living with her mother. Existing contact arrangements to continue. No finding of alienation against the mother. No final order for independent social worker. Proceedings concluded.

Orders

  • P to live with her mother.
  • P to spend time with her father as per existing order (alternate weekends and half school holidays).