CD v EF [2026] EWFC 13 (B) (09 January 2026)

CD v EF [2026] EWFC 13 (B) (09 January 2026)

The court found that the existing arrangement based on Father's shift rota was not in AB's best interests due to instability and increased parental conflict. The court determined that a week on/week off pattern with fixed holiday blocks would provide greater stability, predictability, and reduce conflict, outweighing the disadvantages and justifying departure from Cafcass's final recommendation.

Citation
[2026] EWFC 13 (B)
Parties
Appellant (mother): CD; Respondent (father): EF
Jurisdiction
England and Wales
Judgment Date
09 January 2026
Procedural Posture
Child Arrangements Order Variation (children Act 1989) / Final Judgment After Contested Hearing
Outcome
Application granted in part; Child Arrangements Order varied.
Legal Topics
Child Arrangements Order, Welfare of the Child, Variation of Order, Cafcass Recommendations, Shared Care, Parental Conflict
Family Law Child Arrangements Order Welfare of the Child Variation of Order Cafcass Recommendations Shared Care Parental Conflict

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Parties

CD

Appellant (mother)

EF

Respondent (father)

Procedural Posture

Child Arrangements Order Variation (children Act 1989) / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether to vary the existing Child Arrangements Order to a week on/week off pattern or retain the existing pattern based on Father's shift rota
  2. 2 Weight to be given to Cafcass recommendations and child's expressed wishes
  3. 3 Assessment of risk of emotional harm due to parental conflict

Ratio Decidendi

The court found that the existing arrangement based on Father's shift rota was not in AB's best interests due to instability and increased parental conflict. The court determined that a week on/week off pattern with fixed holiday blocks would provide greater stability, predictability, and reduce conflict, outweighing the disadvantages and justifying departure from Cafcass's final recommendation.

Court Disposition

Application granted in part; Child Arrangements Order varied.

Orders

  • Shared care to follow a week on/week off pattern with handovers on Sundays at 6:00pm, commencing 15 February 2026.
  • Summer holidays to be divided into two-week and one-week blocks with each parent as set out in the order.