K v A

K v A

A fact-finding hearing is not necessary because both parents agree to significant unsupervised overnight contact, the CAFCASS advisor supports the current or increased contact, and the allegations, even if proved, would not affect the welfare decisions required. The child's welfare is best served by a joint 'lives with' order and a gradual increase in time with the father, but not an equal split at this stage. A change of school is refused as it would be disruptive and not in M's best interests.

Parties
Applicant: K; Respondent: A
Jurisdiction
England and Wales
Judgment Date
17 September 2024
Procedural Posture
Children Act Private Law Proceedings / Final Judgment
Outcome
Applications determined; final child arrangements order made; mother's application to change school refused; all other applications dismissed.
Legal Topics
Child Arrangements, Fact Finding Hearings, Domestic Abuse, Specific Issue Orders, Prohibited Steps Orders
Family Law Child Arrangements Fact Finding Hearings Domestic Abuse Specific Issue Orders Prohibited Steps Orders

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Parties

K

Applicant

A

Respondent

Procedural Posture

Children Act Private Law Proceedings / Final Judgment

Legal Issues

  1. 1 Whether a fact-finding hearing is necessary regarding allegations of domestic abuse
  2. 2 What child arrangements are in the welfare best interests of M
  3. 3 Whether M should change schools

Ratio Decidendi

A fact-finding hearing is not necessary because both parents agree to significant unsupervised overnight contact, the CAFCASS advisor supports the current or increased contact, and the allegations, even if proved, would not affect the welfare decisions required. The child's welfare is best served by a joint 'lives with' order and a gradual increase in time with the father, but not an equal split at this stage. A change of school is refused as it would be disruptive and not in M's best interests.

Court Disposition

Applications determined; final child arrangements order made; mother's application to change school refused; all other applications dismissed.

Orders

  • M shall live with both parents under a joint 'lives with' order.
  • M shall spend increased overnight time with her father as detailed in the judgment, with a gradual progression to the new arrangement.