M (Children), Re [2014] EWFC B214 (09 October 2014)

M (Children), Re [2014] EWFC B214 (09 October 2014)

The welfare of the children is the paramount consideration. Contact arrangements must be structured to meet the children's needs, particularly D's special educational and emotional needs, and changes must be gradual and carefully managed. A further section 91(14) order is justified to provide a period of peace for the children, but five years is excessive; a shorter period is appropriate.

Citation
[2014] EWFC B214
Parties
Applicant/father: Mr M; Respondent/mother: Ms M
Jurisdiction
England and Wales
Judgment Date
09 October 2014
Procedural Posture
Children Act Proceedings (contact/residence) / Final Hearing on Contact Arrangements and Section 91(14) Order
Outcome
Contact arrangements varied; further section 91(14) order imposed until 1 July 2016.
Legal Topics
Child Contact, Section 91(14) Children Act 1989, Welfare Checklist, Parental Responsibility, Handover Arrangements
Family Law Child Law Child Contact Section 91(14) Children Act 1989 Welfare Checklist Parental Responsibility Handover Arrangements

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Parties

Mr M

Applicant/father

Ms M

Respondent/mother

Procedural Posture

Children Act Proceedings (contact/residence) / Final Hearing on Contact Arrangements and Section 91(14) Order

Legal Issues

  1. 1 Appropriate contact arrangements for children D and F
  2. 2 Whether handover should occur at school or via third parties
  3. 3 Whether to extend contact during school holidays

Ratio Decidendi

The welfare of the children is the paramount consideration. Contact arrangements must be structured to meet the children's needs, particularly D's special educational and emotional needs, and changes must be gradual and carefully managed. A further section 91(14) order is justified to provide a period of peace for the children, but five years is excessive; a shorter period is appropriate.

Court Disposition

Contact arrangements varied; further section 91(14) order imposed until 1 July 2016.

Orders

  • Father to collect children from school on Fridays from 14 November 2014; Sunday handover via paternal grandparents to GH or AB at mother's home.
  • From October 2015, father to return children to school on Monday mornings.