B v C & Anor [2026] EWFC 66 (B) (28 January 2026)

B v C & Anor [2026] EWFC 66 (B) (28 January 2026)

Despite finding the mother in breach of the child arrangements order without reasonable excuse, the court determined that further enforcement or orders would not serve the child's welfare, given her age, entrenched opposition to contact, and the likely harm of forced contact. The no order principle and paramountcy of the child's welfare required the proceedings to conclude without further orders.

Citation
[2026] EWFC 66 (B)
Parties
Applicant: B; First Respondent: C; Second Respondent: E (through her Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
28 January 2026
Procedural Posture
Family Child Arrangements (enforcement) / Final Judgment on Enforcement Application
Outcome
Application dismissed; no order made on enforcement or further child arrangements.
Legal Topics
Child Arrangements Order, Enforcement of Orders, Welfare of the Child, Parental Responsibility, No Order Principle, Article 8 ECHR
Family Law Child Arrangements Order Enforcement of Orders Welfare of the Child Parental Responsibility No Order Principle Article 8 ECHR

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Parties

B

Applicant

C

First Respondent

E (through her Children's Guardian)

Second Respondent

Procedural Posture

Family Child Arrangements (enforcement) / Final Judgment on Enforcement Application

Legal Issues

  1. 1 Whether the mother breached the child arrangements order without reasonable excuse
  2. 2 Whether enforcement of contact is in the child's welfare
  3. 3 Whether further orders (including change of residence or unpaid work) are appropriate

Ratio Decidendi

Despite finding the mother in breach of the child arrangements order without reasonable excuse, the court determined that further enforcement or orders would not serve the child's welfare, given her age, entrenched opposition to contact, and the likely harm of forced contact. The no order principle and paramountcy of the child's welfare required the proceedings to conclude without further orders.

Court Disposition

Application dismissed; no order made on enforcement or further child arrangements.

Orders

  • Finding that the mother breached the child arrangements order dated 1 December 2012 without reasonable excuse.
  • No enforcement order (unpaid work) made.