AB v TC & Anor [2024] EWFC 296 (15 October 2024)

AB v TC & Anor [2024] EWFC 296 (15 October 2024)

Given recent positive changes in contact and the lack of certainty as to how a suspended 'Lives With' order would come into effect, such an order is inappropriate. The welfare of the child is best served by maintaining current arrangements, encouraging cooperation, and avoiding punitive measures. No costs order is made, as family proceedings are non-adversarial and such an order could negatively impact the child's welfare.

Citation
[2024] EWFC 296
Parties
Applicant: AB; First Respondent: TC; Second Respondent: L (by her 16.4 Guardian)
Jurisdiction
England and Wales
Judgment Date
15 October 2024
Procedural Posture
Child Arrangements/family Law / Final Hearing and Judgment
Outcome
Applications for suspended 'Lives With' order, penal notice, and costs order refused. Existing contact arrangements to continue.
Legal Topics
Child Arrangements Order, Contact, Parental Responsibility, Residence, Welfare of the Child, Costs in Family Proceedings
Family Law Child Law Child Arrangements Order Contact Parental Responsibility Residence Welfare of the Child Costs in Family Proceedings

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Parties

AB

Applicant

TC

First Respondent

L (by her 16.4 Guardian)

Second Respondent

Procedural Posture

Child Arrangements/family Law / Final Hearing and Judgment

Legal Issues

  1. 1 Whether to vary existing child arrangements order regarding contact and residence
  2. 2 Whether to make a suspended 'Lives With' (residence) order
  3. 3 Whether to attach a penal notice to contact orders

Ratio Decidendi

Given recent positive changes in contact and the lack of certainty as to how a suspended 'Lives With' order would come into effect, such an order is inappropriate. The welfare of the child is best served by maintaining current arrangements, encouraging cooperation, and avoiding punitive measures. No costs order is made, as family proceedings are non-adversarial and such an order could negatively impact the child's welfare.

Court Disposition

Applications for suspended 'Lives With' order, penal notice, and costs order refused. Existing contact arrangements to continue.

Orders

  • No suspended 'Lives With' (residence) order made.
  • No penal notice attached to contact orders.