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
Case Brief
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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
Legal Issues
- 1 Where the children should live (with mother in [City A] or father in [Oxfordshire])
- 2 Arrangements for contact with non-resident parent
- 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
Full Case Text
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