A v A & Ors

A v A & Ors

Given the equal division of the children's time between both parents, the shared residence order reflects the reality of their lives and is in their best interests. The allegations of sexual impropriety against the father were unsubstantiated and arose from the mother's anxiety and actions. The history of litigation and parental conflict justifies an order under section 91(14) barring further applications without leave. The shared residence order and section 91(14) order are to last until each child is 18, as the circumstances are exceptional.

Parties
Applicant: A FATHER (Mr. A); First Respondent: A MOTHER (Mrs. A); Second Respondents: THEIR TWO CHILDREN (B and C)
Jurisdiction
England and Wales
Judgment Date
04 February 2004
Procedural Posture
Family / Final Judgment After Contested Residence and Contact Proceedings
Outcome
Shared residence order granted; section 91(14) order granted; proceedings concluded
Legal Topics
Residence Orders, Contact Orders, Shared Residence, Section 91(14) Children Act 1989, Parental Responsibility, Allegations of Abuse, Role of Children's Guardian
Family Law Child Law Residence Orders Contact Orders Shared Residence Section 91(14) Children Act 1989 Parental Responsibility Allegations of Abuse +1 more

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Parties

A FATHER (Mr. A)

Applicant

A MOTHER (Mrs. A)

First Respondent

THEIR TWO CHILDREN (B and C)

Second Respondents

Procedural Posture

Family / Final Judgment After Contested Residence and Contact Proceedings

Legal Issues

  1. 1 Whether a shared residence order is appropriate in light of the parents' history and current arrangements
  2. 2 Whether allegations of sexual impropriety against the father are substantiated
  3. 3 Whether an order under section 91(14) Children Act 1989 should be made to bar further applications without leave

Ratio Decidendi

Given the equal division of the children's time between both parents, the shared residence order reflects the reality of their lives and is in their best interests. The allegations of sexual impropriety against the father were unsubstantiated and arose from the mother's anxiety and actions. The history of litigation and parental conflict justifies an order under section 91(14) barring further applications without leave. The shared residence order and section 91(14) order are to last until each child is 18, as the circumstances are exceptional.

Court Disposition

Shared residence order granted; section 91(14) order granted; proceedings concluded

Orders

  • Joint/shared residence order in favour of both parents to last until each child is 18
  • Defined contact order reflecting equal division of time between parents