CD v EF

CD v EF

The court found that the current arrangement based on Father's shift pattern was unsatisfactory and that a week on/week off pattern would provide greater stability, predictability, and reduce parental conflict, which is in the child's best interests. The court gave limited weight to the child's most recent expressed wishes due to her age, fluctuating views, and possible parental influence. The court departed from the updated Cafcass recommendation, finding that the advantages of the new arrangement outweighed the disadvantages, and that both parents are capable of meeting the child's needs under the new order.

Parties
Mother / Applicant: CD; Father / Respondent: EF
Jurisdiction
England and Wales
Judgment Date
16 January 2026
Procedural Posture
Child Arrangements Order (variation) Under Children Act 1989 / Final Judgment After Contested Hearing
Outcome
Child Arrangements Order varied; week on/week off shared care pattern ordered.
Legal Topics
Child Arrangements Order, Welfare of the Child, Variation of Orders, Parental Responsibility, Cafcass Recommendations
Family Law Child Law Child Arrangements Order Welfare of the Child Variation of Orders Parental Responsibility Cafcass Recommendations

Case Brief

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Parties

CD

Mother / Applicant

EF

Father / Respondent

Procedural Posture

Child Arrangements Order (variation) Under 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 current arrangement based on Father's shift rota
  2. 2 Weight to be given to the child's expressed wishes and feelings
  3. 3 Whether to depart from Cafcass recommendations

Ratio Decidendi

The court found that the current arrangement based on Father's shift pattern was unsatisfactory and that a week on/week off pattern would provide greater stability, predictability, and reduce parental conflict, which is in the child's best interests. The court gave limited weight to the child's most recent expressed wishes due to her age, fluctuating views, and possible parental influence. The court departed from the updated Cafcass recommendation, finding that the advantages of the new arrangement outweighed the disadvantages, and that both parents are capable of meeting the child's needs under the new order.

Court Disposition

Child Arrangements Order varied; week on/week off shared care pattern ordered.

Orders

  • Child Arrangements Order to provide for week on/week off pattern with handovers on Sundays at 6:00pm, commencing 15 February 2026.
  • Summer holiday arrangements to provide for a 2-week block with each parent as set out in the applicant's submissions.