DAL v DAD

DAL v DAD

The court found that the mother is the primary carer and that the child should continue to live with her in Hampshire. The father's past domestic abuse, while addressed through therapy and contrition, weighed against a shared lives with order. The welfare checklist and Practice Direction 12J required a cautious approach, and the evidence did not support a real risk of abduction to Poland. The mother is permitted to apply for a Polish passport for the child, with safeguards. Contact is to progress in stages, and both parents are barred from making further applications for 24 months without leave of the court.

Parties
Applicant (f): D. A. L; Respondent (m): D. A. D
Jurisdiction
England and Wales
Judgment Date
19 June 2025
Procedural Posture
Private Law Children Proceedings / Final Hearing
Outcome
Final orders made: child to live with mother and spend time with father; mother permitted to apply for Polish passport; section 91(14) order barring further applications for 24 months; structured contact regime ordered.
Legal Topics
Child Arrangements Order, Prohibited Steps Order, Domestic Abuse, Parental Responsibility, Relocation, Passport and International Travel, Section 91(14) Barring Order
Family Law Child Law Child Arrangements Order Prohibited Steps Order Domestic Abuse Parental Responsibility Relocation Passport and International Travel +1 more

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Parties

D. A. L

Applicant (f)

D. A. D

Respondent (m)

Procedural Posture

Private Law Children Proceedings / Final Hearing

Legal Issues

  1. 1 Whether a 'lives with' order or 'shared lives with' order should be made for the child
  2. 2 Whether a prohibited steps order should prevent the mother from removing the child from the jurisdiction
  3. 3 Whether the mother should be permitted to apply for a Polish passport for the child and travel to Poland

Ratio Decidendi

The court found that the mother is the primary carer and that the child should continue to live with her in Hampshire. The father's past domestic abuse, while addressed through therapy and contrition, weighed against a shared lives with order. The welfare checklist and Practice Direction 12J required a cautious approach, and the evidence did not support a real risk of abduction to Poland. The mother is permitted to apply for a Polish passport for the child, with safeguards. Contact is to progress in stages, and both parents are barred from making further applications for 24 months without leave of the court.

Court Disposition

Final orders made: child to live with mother and spend time with father; mother permitted to apply for Polish passport; section 91(14) order barring further applications for 24 months; structured contact regime ordered.

Orders

  • Child to live with mother in Hampshire.
  • Father to have overnight contact progressing from one to three nights per week, with detailed timetable.