AB v TC & Anor

AB v TC & Anor

Given the recent positive changes in contact arrangements and the lack of certainty as to how a suspended residence order would come into effect, such an order is inappropriate. The court declines to attach a penal notice or make a costs order, preferring to encourage continued cooperation in the child's best interests.

Parties
Applicant: AB; First Respondent: TC; Second Respondent: L (by her 16.4 Guardian)
Jurisdiction
England and Wales
Judgment Date
23 October 2024
Procedural Posture
Child Arrangements / Family Law / Final Judgment After Contested Hearing
Outcome
Application for suspended residence order and penal notice refused; no order as to costs.
Legal Topics
Child Arrangements Order, Contact, Parental Responsibility, Variation of Orders, Costs in Family Proceedings
Family Law Child Law Child Arrangements Order Contact Parental Responsibility Variation of Orders 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 Judgment After Contested Hearing

Legal Issues

  1. 1 Whether to vary child arrangements order to change residence or contact
  2. 2 Whether to make a suspended residence order or attach a penal notice
  3. 3 Whether to make a costs order against the primary carer

Ratio Decidendi

Given the recent positive changes in contact arrangements and the lack of certainty as to how a suspended residence order would come into effect, such an order is inappropriate. The court declines to attach a penal notice or make a costs order, preferring to encourage continued cooperation in the child's best interests.

Court Disposition

Application for suspended residence order and penal notice refused; no order as to costs.

Orders

  • Contact to continue as per the agreed safety plan and recent arrangements.
  • Case reserved to Mr Justice Hayden for any future applications.