P (Children), Re [2008] EW Misc 6 (EWCC) (25 April 2008)

P (Children), Re [2008] EW Misc 6 (EWCC) (25 April 2008)

Given the high level of parental conflict, findings of controlling and intimidating behaviour by the father, and the mother's role as primary carer, the court determined that sole residence should be granted to the mother with defined contact for the father. Shared residence was found to be wholly inappropriate in the circumstances.

Citation
[2008] EW Misc 6 (EWCC)
Parties
Applicant/mother: L P; Respondent/father: B P
Jurisdiction
England and Wales
Judgment Date
25 April 2008
Procedural Posture
Family Law Residence and Contact / Final Judgment After Contested Hearing
Outcome
Sole residence of the children granted to the mother; defined contact to the father; family assistance order made; review in six months.
Legal Topics
Residence Orders, Contact Orders, Parental Responsibility, Findings of Fact, Welfare of the Child
Family Law Child Law Residence Orders Contact Orders Parental Responsibility Findings of Fact Welfare of the Child

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

L P

Applicant/mother

B P

Respondent/father

Procedural Posture

Family Law Residence and Contact / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the mother or father should have sole residence of the children
  2. 2 Whether a shared residence order is appropriate
  3. 3 What contact arrangements are in the best interests of the children

Ratio Decidendi

Given the high level of parental conflict, findings of controlling and intimidating behaviour by the father, and the mother's role as primary carer, the court determined that sole residence should be granted to the mother with defined contact for the father. Shared residence was found to be wholly inappropriate in the circumstances.

Court Disposition

Sole residence of the children granted to the mother; defined contact to the father; family assistance order made; review in six months.

Orders

  • Mother to have sole residence of A and O.
  • Father to have contact as per specified schedule (Wednesdays and Saturdays, with times adjusted for the children's ages).