F v M & Ors

F v M & Ors

The children have suffered significant emotional and psychological harm due to parental conflict. A structured joint lives with order specifying term time and holiday arrangements is necessary to protect their welfare, ensure relationships with both parents, and minimise exposure to conflict. Section 91(14) order is justified to prevent further unnecessary proceedings for three years, with leave to apply reserved to the court and determined on the papers.

Parties
Applicant: F; First Respondent: M; Second, Third and Fourth Respondents: A, B and C acting through their Children’s Guardian
Jurisdiction
England and Wales
Judgment Date
12 March 2024
Procedural Posture
Children Act Proceedings / Final Hearing
Outcome
Child arrangements order specifying joint lives with both parents; section 91(14) order restricting further applications for three years; undertakings accepted from F.
Legal Topics
Child Arrangements, Parental Conflict, Section 91(14) Order, Therapeutic Intervention, Welfare Checklist
Family Law Children Law Child Arrangements Parental Conflict Section 91(14) Order Therapeutic Intervention Welfare Checklist

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Parties

F

Applicant

M

First Respondent

A, B and C acting through their Children’s Guardian

Second, Third and Fourth Respondents

Procedural Posture

Children Act Proceedings / Final Hearing

Legal Issues

  1. 1 What arrangements serve the welfare interests of A, B and C given parental conflict?
  2. 2 Should a section 91(14) order restricting further applications be made?
  3. 3 What therapeutic interventions are necessary for parents and children?

Ratio Decidendi

The children have suffered significant emotional and psychological harm due to parental conflict. A structured joint lives with order specifying term time and holiday arrangements is necessary to protect their welfare, ensure relationships with both parents, and minimise exposure to conflict. Section 91(14) order is justified to prevent further unnecessary proceedings for three years, with leave to apply reserved to the court and determined on the papers.

Court Disposition

Child arrangements order specifying joint lives with both parents; section 91(14) order restricting further applications for three years; undertakings accepted from F.

Orders

  • All three children shall live with both M and F.
  • B and C to spend 7 days with each parent during term time, handovers at school on Fridays.