F v M

F v M

The Prohibited Steps Order is discharged because there is no evidential basis for risk of abduction by the father, and its continuation is not in the child's best interests. The number of consecutive nights with each parent during summer holidays is increased to 12 in 2025 and 14 in 2026, as this is in the child's welfare. No order is made prohibiting the father from leaving the child with others overnight, as it is unnecessary and not in the child's interests.

Parties
Applicant: F; Respondent: M
Jurisdiction
England and Wales
Judgment Date
23 July 2024
Procedural Posture
Family / Judgment After Final Hearing
Outcome
Prohibited Steps Order discharged; child arrangements varied; no order on overnight care prohibition
Legal Topics
Child Arrangements, Prohibited Steps Order, Variation of Orders, International Travel With Child
Family Law Child Arrangements Prohibited Steps Order Variation of Orders International Travel With Child

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Parties

F

Applicant

M

Respondent

Procedural Posture

Family / Judgment After Final Hearing

Legal Issues

  1. 1 Whether to discharge the Prohibited Steps Order preventing the father from taking the child out of the jurisdiction
  2. 2 Appropriate number of consecutive nights the child should spend with each parent during summer holidays
  3. 3 Whether to prohibit the father from leaving the child in the care of another person overnight

Ratio Decidendi

The Prohibited Steps Order is discharged because there is no evidential basis for risk of abduction by the father, and its continuation is not in the child's best interests. The number of consecutive nights with each parent during summer holidays is increased to 12 in 2025 and 14 in 2026, as this is in the child's welfare. No order is made prohibiting the father from leaving the child with others overnight, as it is unnecessary and not in the child's interests.

Court Disposition

Prohibited Steps Order discharged; child arrangements varied; no order on overnight care prohibition

Orders

  • The Prohibited Steps Order preventing the father from taking the child out of the jurisdiction is discharged.
  • The number of consecutive nights the child may spend with each parent during summer holidays is set at 12 in 2025 and 14 in 2026.