Re K and P (children - child arrangements order and specific issue order no 2)

Re K and P (children - child arrangements order and specific issue order no 2)

The court found that P’s welfare required a substantial change from the existing arrangements due to significant emotional harm caused by ongoing parental conflict. The evidence did not support the father's case that the mother was alienating P or that a change of residence would resolve P’s school refusal. The court concluded that P’s best interests would be served by remaining with her mother, with permission for the mother to facilitate P’s attendance at school in Country A, restoring agency to P and providing her with a fresh start away from parental conflict.

Parties
Applicant Father: A; Respondent Mother: B; Second and Third Respondents: K and P (through their children’s guardian, ad litem)
Jurisdiction
England and Wales
Judgment Date
06 June 2025
Procedural Posture
Child Arrangements and Specific Issue Orders (children Act 1989) / Final Judgment After Remittal From High Court on Appeal
Outcome
Application by father for change of residence and appointment of independent social worker refused; mother permitted to facilitate P attending school in Country A; existing order for P to live with her mother remains.
Legal Topics
Child Arrangements Order, Specific Issue Order, Relocation of Children, School Attendance, Parental Conflict, Welfare of the Child
Family Law Child Law Child Arrangements Order Specific Issue Order Relocation of Children School Attendance Parental Conflict Welfare of the Child

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Parties

A

Applicant Father

B

Respondent Mother

K and P (through their children’s guardian, ad litem)

Second and Third Respondents

Procedural Posture

Child Arrangements and Specific Issue Orders (children Act 1989) / Final Judgment After Remittal From High Court on Appeal

Legal Issues

  1. 1 Whether P should live with her mother or father
  2. 2 Whether P should attend school in England or Country A
  3. 3 Whether the mother should be permitted to facilitate P attending school in Country A

Ratio Decidendi

The court found that P’s welfare required a substantial change from the existing arrangements due to significant emotional harm caused by ongoing parental conflict. The evidence did not support the father's case that the mother was alienating P or that a change of residence would resolve P’s school refusal. The court concluded that P’s best interests would be served by remaining with her mother, with permission for the mother to facilitate P’s attendance at school in Country A, restoring agency to P and providing her with a fresh start away from parental conflict.

Court Disposition

Application by father for change of residence and appointment of independent social worker refused; mother permitted to facilitate P attending school in Country A; existing order for P to live with her mother remains.

Orders

  • P to live with her mother.
  • Mother permitted to facilitate P’s attendance at school in Country A.