F (Children), Re

F (Children), Re

The judge’s decision to make a shared residence order, allowing the mother to relocate to Edinburgh with the children while ensuring substantial contact and residence periods with the father, was a proper exercise of judicial discretion. The arrangements reflected the reality of the children’s lives and balanced the need for both parents to play significant roles, despite findings against the mother. The shared residence order was workable and in the children’s best interests.

Parties
Appellant: Father; Respondent: Mother
Jurisdiction
England and Wales
Judgment Date
18 March 2003
Procedural Posture
Civil Appeal Family Law / Appeal From County Court to Court of Appeal
Outcome
Appeal dismissed; cross-appeal withdrawn
Legal Topics
Residence Orders, Shared Residence, Parental Responsibility, Relocation of Children
Family Law Child Custody Residence Orders Shared Residence Parental Responsibility Relocation of Children

Case Brief

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Parties

Father

Appellant

Mother

Respondent

Procedural Posture

Civil Appeal Family Law / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether a shared residence order is appropriate where parents live in separate jurisdictions
  2. 2 Whether the judge erred in not granting sole residence to the father given findings against the mother
  3. 3 Whether the arrangements for the children’s residence and contact were in their best interests

Ratio Decidendi

The judge’s decision to make a shared residence order, allowing the mother to relocate to Edinburgh with the children while ensuring substantial contact and residence periods with the father, was a proper exercise of judicial discretion. The arrangements reflected the reality of the children’s lives and balanced the need for both parents to play significant roles, despite findings against the mother. The shared residence order was workable and in the children’s best interests.

Court Disposition

Appeal dismissed; cross-appeal withdrawn

Orders

  • Shared residence order for both parents maintained
  • Mother permitted to relocate to Edinburgh with the children