F v M & Ors [2024] EWFC 239 (B) (22 August 2024)

F v M & Ors [2024] EWFC 239 (B) (22 August 2024)

Exceptional circumstances exist due to parental acrimony and its impact on A and B. Both parents' actions have contributed to the children's reluctance to see F. Welfare requires an order stating A and B live with both parents, with the children deciding when to live with F. Specific orders are necessary to facilitate co-parenting, communication, and prevent unilateral decisions. The order is proportionate and necessary for the children's welfare, lasting until A turns 18.

Citation
[2024] EWFC 239 (B)
Parties
Applicant: F; First Respondent: M; Second and Third Respondents: A & B (acting through their CFAB Children's Guardian, Michael Nwoye)
Jurisdiction
England and Wales
Judgment Date
22 August 2024
Procedural Posture
Children Act Proceedings / Final Hearing
Outcome
Section 8 child arrangements order made; specific issue and prohibited steps orders granted.
Legal Topics
Child Arrangements, Parental Responsibility, Domestic Abuse, Parental Alienation, Welfare of the Child
Family Law Child Arrangements Parental Responsibility Domestic Abuse Parental Alienation Welfare of the Child

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Parties

F

Applicant

M

First Respondent

A & B (acting through their CFAB Children's Guardian, Michael Nwoye)

Second and Third Respondents

Procedural Posture

Children Act Proceedings / Final Hearing

Legal Issues

  1. 1 Whether to make orders about arrangements for A and B
  2. 2 Whether exceptional circumstances exist to justify orders for children aged 16 and above
  3. 3 Impact of parental conflict and alienating behaviours on children's welfare

Ratio Decidendi

Exceptional circumstances exist due to parental acrimony and its impact on A and B. Both parents' actions have contributed to the children's reluctance to see F. Welfare requires an order stating A and B live with both parents, with the children deciding when to live with F. Specific orders are necessary to facilitate co-parenting, communication, and prevent unilateral decisions. The order is proportionate and necessary for the children's welfare, lasting until A turns 18.

Court Disposition

Section 8 child arrangements order made; specific issue and prohibited steps orders granted.

Orders

  • A and B shall live with both M and F; A and B decide when to live with F.
  • Parents must use Our Family Wizard for communication and sharing information about welfare, school, and medical issues.