DE v FG [2025] EWHC 666 (Fam) (20 March 2025)

DE v FG [2025] EWHC 666 (Fam) (20 March 2025)

A Joint Lives With Order is in H's best interests, with a defined division of time that maintains his primary home with his mother but ensures substantial, regular time with his father. An equal division of time is not appropriate due to the risk of instability and emotional harm. The current arrangements, with H...

Source-derived case information.

Citation
[2025] EWHC 666 (Fam)
Parties
Applicant: DE; Respondent: FG
Jurisdiction
England and Wales
Judgment Date
20 March 2025
Procedural Posture
Children Act 1989 Proceedings (child Arrangements) / Final Welfare Hearing and Judgment
Outcome
Joint Lives With Order made; defined division of time between parents; Passport Order and Port Alert to be lifted with safeguards; detailed Child Arrangements Order to follow.
Legal Topics
Child Arrangements Order, Joint Lives With Order, Welfare Principle, Domestic Abuse, Parental Responsibility, Relocation, Child Protection Plan
Family Law Child Law Child Arrangements Order Joint Lives With Order Welfare Principle Domestic Abuse Parental Responsibility Relocation +1 more

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Parties

DE

Applicant

FG

Respondent

Procedural Posture

Children Act 1989 Proceedings (child Arrangements) / Final Welfare Hearing and Judgment

Legal Issues

  1. 1 What child arrangements are in the best interests of H under the Children Act 1989?
  2. 2 Should there be a Joint Lives With Order or a Lives With Order to the mother?
  3. 3 What division of time should H spend with each parent?

Ratio Decidendi

A Joint Lives With Order is in H's best interests, with a defined division of time that maintains his primary home with his mother but ensures substantial, regular time with his father. An equal division of time is not appropriate due to the risk of instability and emotional harm. The current arrangements, with H spending five nights in every 14 with his father and the remainder with his mother, best promote his welfare, stability, and emotional security, given the history of parental conflict, past abuse, and H's need for continuity. The order must be closely defined due to the parents' inability to cooperate and the ongoing risk of harm from conflict.

Court Disposition

Joint Lives With Order made; defined division of time between parents; Passport Order and Port Alert to be lifted with safeguards; detailed Child Arrangements Order to follow.

Orders

  • Joint Lives With Order: H to live with both parents as specified.
  • During term time: H to live with DE every other weekend (Friday to Monday) and one night midweek (Tuesday or Wednesday), all other times with FG.