F v G [2021] EWFC B12 (21 December 2020)

F v G [2021] EWFC B12 (21 December 2020)

The court determined that child B's best interests are served by residing with his father in London during the week, maintaining school stability and minimizing disruptive change, while maximizing contact with his mother through weekends, holidays, and weekly visits. The evidence did not demonstrate sufficient benefit to justify relocating child B to the countryside or changing schools, and the risk of harm from change outweighed potential advantages. Sibling separation during weekdays was justified given the arrangements for substantial time together.

Citation
[2021] EWFC B12
Parties
Applicant: F; Respondent: G
Jurisdiction
England and Wales
Judgment Date
21 December 2020
Procedural Posture
Children Act 1989 Internal Relocation Application / Final Judgment
Outcome
Residence order: child B to reside with father in London during school week; child A to reside with mother in countryside; weekends and holidays shared.
Legal Topics
Child Welfare, Internal Relocation, Residence Orders, Sibling Separation, Parental Responsibility
Family Law Child Welfare Internal Relocation Residence Orders Sibling Separation Parental Responsibility

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Parties

F

Applicant

G

Respondent

Procedural Posture

Children Act 1989 Internal Relocation Application / Final Judgment

Legal Issues

  1. 1 Whether child B should reside with father in London or mother in countryside
  2. 2 Impact of sibling separation
  3. 3 Effect of change of school and environment on autistic child

Ratio Decidendi

The court determined that child B's best interests are served by residing with his father in London during the week, maintaining school stability and minimizing disruptive change, while maximizing contact with his mother through weekends, holidays, and weekly visits. The evidence did not demonstrate sufficient benefit to justify relocating child B to the countryside or changing schools, and the risk of harm from change outweighed potential advantages. Sibling separation during weekdays was justified given the arrangements for substantial time together.

Court Disposition

Residence order: child B to reside with father in London during school week; child A to reside with mother in countryside; weekends and holidays shared.

Orders

  • Child B to live with father Sunday evening to Friday evening and attend school in London.
  • Child A to live with mother in countryside and attend nursery/school there.