F v M & Ors

F v M & Ors

Exceptional circumstances exist due to parental acrimony and harm to A and B from lack of relationship with F; a child arrangements order specifying both children live with both parents, but allowing A and B to decide when to live with F, is necessary and proportionate to their welfare. Specific and prohibited steps orders are also required to ensure cooperative parenting and prevent unilateral decisions.

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
15 November 2024
Procedural Posture
Children Act Proceedings (child Arrangements) / Final Judgment
Outcome
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 Children Law Child Arrangements Parental Responsibility Domestic Abuse Parental Alienation Welfare of the Child

Case Brief

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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 (child Arrangements) / Final Judgment

Legal Issues

  1. 1 Whether to make child arrangements orders for A and B given their ages and wishes
  2. 2 Whether exceptional circumstances exist to justify orders beyond age 16 under Children Act 1989 s9(6)/(7)
  3. 3 Whether parental alienation or harmful parental behaviour has occurred

Ratio Decidendi

Exceptional circumstances exist due to parental acrimony and harm to A and B from lack of relationship with F; a child arrangements order specifying both children live with both parents, but allowing A and B to decide when to live with F, is necessary and proportionate to their welfare. Specific and prohibited steps orders are also required to ensure cooperative parenting and prevent unilateral decisions.

Court Disposition

Child arrangements order made; specific issue and prohibited steps orders granted.

Orders

  • A and B shall live with both M and F, with A and B deciding when to live with F.
  • Parents to use Our Family Wizard for all communications regarding A and B's welfare and to share all relevant information.