X (Number 3 : Division of Religious Festivals) [2016] EWFC B91 (12 October 2016)

X (Number 3 : Division of Religious Festivals) [2016] EWFC B91 (12 October 2016)

The mother was in breach by failing to make the children available for Festival days; her explanation of misunderstanding was not accepted as sufficient. The father had not deliberately or frequently breached religious expectations. The welfare of the children required continued and equal involvement of both parents, including on Sabbaths and Festivals. The arrangements should continue as previously ordered, with equal division of the major Festivals (Pesach and Succot) between parents. No grounds were found to restrict the father's contact as sought by the mother.

Citation
[2016] EWFC B91
Parties
Applicant/respondent (cross Applications): Mother; Applicant/respondent (cross Applications): Father; Joined Parties (by Guardian): Children (A and B)
Jurisdiction
England and Wales
Judgment Date
12 October 2016
Procedural Posture
Children Act Proceedings (private Law) / Judgment on Enforcement and Variation Applications Following Prior Substantive Orders
Outcome
Mother's application to vary the order refused; father's application for enforcement not actively pursued but findings made; existing arrangements to continue with clarification and equal division of major Festivals.
Legal Topics
Enforcement of Child Arrangements Orders, Variation of Child Arrangements Orders, Religious Upbringing, Welfare of the Child, Parental Responsibility
Family Law Child Arrangements Enforcement of Child Arrangements Orders Variation of Child Arrangements Orders Religious Upbringing Welfare of the Child Parental Responsibility

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Parties

Mother

Applicant/respondent (cross Applications)

Father

Applicant/respondent (cross Applications)

Children (A and B)

Joined Parties (by Guardian)

Procedural Posture

Children Act Proceedings (private Law) / Judgment on Enforcement and Variation Applications Following Prior Substantive Orders

Legal Issues

  1. 1 Whether the mother breached the order by failing to make the children available to the father for Jewish Festival days
  2. 2 Whether the father breached the order or placed the children at risk by not adhering to Satmar religious practices during contact
  3. 3 Whether the child arrangements order should be varied to restrict the father's contact on Sabbaths and Festivals

Ratio Decidendi

The mother was in breach by failing to make the children available for Festival days; her explanation of misunderstanding was not accepted as sufficient. The father had not deliberately or frequently breached religious expectations. The welfare of the children required continued and equal involvement of both parents, including on Sabbaths and Festivals. The arrangements should continue as previously ordered, with equal division of the major Festivals (Pesach and Succot) between parents. No grounds were found to restrict the father's contact as sought by the mother.

Court Disposition

Mother's application to vary the order refused; father's application for enforcement not actively pursued but findings made; existing arrangements to continue with clarification and equal division of major Festivals.

Orders

  • Judgments and orders to be translated into Yiddish for the mother
  • Children to spend equal time with each parent during Pesach and Succot, including both Festival and intermediate days