Florence v F & Anor

Florence v F & Anor

Given Florence's age, maturity, and enduring wishes, and balancing the risks and benefits, her welfare is best served by allowing her to have her main base with her mother, while maintaining significant and regular contact with her father. The arrangement should be described as a joint lives with order but weighted towards the mother, as a week on/week off arrangement would be too disruptive and not in Florence's best interests.

Parties
Applicant: Florence; First Respondent: F; Second Respondent: M
Jurisdiction
England and Wales
Judgment Date
07 July 2021
Procedural Posture
Child Arrangements Application / Judgment After Contested Hearing
Outcome
Application granted in part; Florence to have her main base with her mother under a joint lives with order, with structured contact to her father.
Legal Topics
Child Arrangements Order, Welfare of the Child, Residence and Contact, Wishes and Feelings of the Child, Parental Responsibility
Family Law Child Law Child Arrangements Order Welfare of the Child Residence and Contact Wishes and Feelings of the Child Parental Responsibility

Case Brief

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Parties

Florence

Applicant

F

First Respondent

M

Second Respondent

Procedural Posture

Child Arrangements Application / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether Florence should be permitted to live primarily with her mother
  2. 2 How to balance the child's wishes with her welfare and parental relationships
  3. 3 Appropriate structure for child arrangements given the history of litigation

Ratio Decidendi

Given Florence's age, maturity, and enduring wishes, and balancing the risks and benefits, her welfare is best served by allowing her to have her main base with her mother, while maintaining significant and regular contact with her father. The arrangement should be described as a joint lives with order but weighted towards the mother, as a week on/week off arrangement would be too disruptive and not in Florence's best interests.

Court Disposition

Application granted in part; Florence to have her main base with her mother under a joint lives with order, with structured contact to her father.

Orders

  • Florence to live primarily with her mother.
  • Florence to spend every other weekend (Thursday after school to Monday morning) with her father during term time.