AM v AF (private law final hearing)

AM v AF (private law final hearing)

Having weighed all factors, the court found the children are settled and thriving in [City A] with their mother, who is able to meet their needs and promote their relationship with their father. The evidence did not justify the father's criticisms of the mother or support a move to [Oxfordshire]. The children should remain living with their mother in [City A], with regular contact and the prospect of shared care if the father relocates.

Parties
Applicant/father: AF; Respondent/mother: AM
Jurisdiction
England and Wales
Judgment Date
15 November 2024
Procedural Posture
Children Act and Family Law Act Proceedings (child Arrangements and Non Molestation) / Final Judgment After Submissions, No Oral Evidence
Outcome
Child arrangements order made: children to live with mother in [City A], spend alternate weekends and half holidays with father; shared care to commence upon father's relocation to [City A].
Legal Topics
Child Arrangements, Relocation Within Jurisdiction, Domestic Abuse Allegations, Welfare Checklist, Shared Care, Non Molestation Order

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Parties

AF

Applicant/father

AM

Respondent/mother

Procedural Posture

Children Act and Family Law Act Proceedings (child Arrangements and Non Molestation) / Final Judgment After Submissions, No Oral Evidence

  1. 1 Where the children should live (with mother in [City A] or father in [Oxfordshire])
  2. 2 Arrangements for contact with non-resident parent
  3. 3 Relevance and impact of unproven domestic abuse allegations

Ratio Decidendi

Having weighed all factors, the court found the children are settled and thriving in [City A] with their mother, who is able to meet their needs and promote their relationship with their father. The evidence did not justify the father's criticisms of the mother or support a move to [Oxfordshire]. The children should remain living with their mother in [City A], with regular contact and the prospect of shared care if the father relocates.

Court Disposition

Child arrangements order made: children to live with mother in [City A], spend alternate weekends and half holidays with father; shared care to commence upon father's relocation to [City A].

Orders

  • Children to live with mother in [City A]
  • Children to spend alternate weekends and half of school holidays with father until he relocates