SR v RT [2024] EWFC 103 (B) (15 May 2024)

SR v RT [2024] EWFC 103 (B) (15 May 2024)

Given the court's findings of serious and sustained domestic abuse by the father against the mother and children, and the mother's demonstrated insight and rehabilitation, the welfare of the children requires that B and C move to the mother's primary care immediately, with a plan for A to transition to her care as soon as safely possible. The father is to be excluded from the family home by occupation order for 12 months. The local authority's recommendations are rejected as they failed to adopt the court's findings and properly assess risk.

Citation
[2024] EWFC 103 (B)
Parties
Mother: SR; Father: RT
Jurisdiction
England and Wales
Judgment Date
15 May 2024
Procedural Posture
Child Arrangements and Occupation Order (family Law) / Final Judgment Following Fact Finding and Welfare Hearings
Outcome
Mother granted primary care of B and C; occupation order made excluding father from family home for 12 months; plan for A to transition to mother's care with support; local authority directed to assist with transition.
Legal Topics
Child Arrangements Orders, Occupation Orders, Domestic Abuse, Parental Responsibility, Welfare of the Child
Family Law Child Protection Child Arrangements Orders Occupation Orders Domestic Abuse Parental Responsibility Welfare of the Child

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 4 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

SR

Mother

RT

Father

Procedural Posture

Child Arrangements and Occupation Order (family Law) / Final Judgment Following Fact Finding and Welfare Hearings

Legal Issues

  1. 1 Whether the children should reside with the mother or father given findings of serious domestic abuse
  2. 2 Whether an occupation order should be made excluding the father from the family home
  3. 3 How to balance the children's expressed wishes with their welfare and risk of harm

Ratio Decidendi

Given the court's findings of serious and sustained domestic abuse by the father against the mother and children, and the mother's demonstrated insight and rehabilitation, the welfare of the children requires that B and C move to the mother's primary care immediately, with a plan for A to transition to her care as soon as safely possible. The father is to be excluded from the family home by occupation order for 12 months. The local authority's recommendations are rejected as they failed to adopt the court's findings and properly assess risk.

Court Disposition

Mother granted primary care of B and C; occupation order made excluding father from family home for 12 months; plan for A to transition to mother's care with support; local authority directed to assist with transition.

Orders

  • B and C to move to mother's primary care immediately.
  • Occupation order: mother to return to family home, father to leave for 12 months.