K v A [2023] EWFC 325 (B) (18 October 2023)

K v A [2023] EWFC 325 (B) (18 October 2023)

A fact-finding hearing is not necessary in this case because neither parent's allegations, even if taken at their highest, are relevant or necessary to determine the welfare issues in dispute for M. Both parents have agreed to unsupervised overnight contact, the mother has not sought to reduce contact despite her allegations, and the CAFCASS Family Court Advisor supports the current or increased contact. The welfare issues can be determined without resolving the disputed allegations of domestic abuse.

Citation
[2023] EWFC 325 (B)
Parties
Applicant: K; Respondent: A
Jurisdiction
England and Wales
Judgment Date
18 October 2023
Procedural Posture
Children Act Private Law Proceedings / Final Hearing
Outcome
Fact-finding hearing refused; welfare orders made for child arrangements and school attendance.
Legal Topics
Child Arrangements Order, Prohibited Steps Order, Specific Issues Order, Fact Finding Hearing Necessity, Domestic Abuse, Welfare of the Child, Parental Responsibility
Family Law Child Arrangements Order Prohibited Steps Order Specific Issues Order Fact Finding Hearing Necessity Domestic Abuse Welfare of the Child Parental Responsibility

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Parties

K

Applicant

A

Respondent

Procedural Posture

Children Act Private Law Proceedings / Final Hearing

Legal Issues

  1. 1 Whether a fact-finding hearing is necessary regarding allegations of domestic abuse between parents
  2. 2 What child arrangements are in the welfare best interests of M
  3. 3 Whether M should live with both parents or primarily with the mother

Ratio Decidendi

A fact-finding hearing is not necessary in this case because neither parent's allegations, even if taken at their highest, are relevant or necessary to determine the welfare issues in dispute for M. Both parents have agreed to unsupervised overnight contact, the mother has not sought to reduce contact despite her allegations, and the CAFCASS Family Court Advisor supports the current or increased contact. The welfare issues can be determined without resolving the disputed allegations of domestic abuse.

Court Disposition

Fact-finding hearing refused; welfare orders made for child arrangements and school attendance.

Orders

  • No fact-finding hearing to be conducted regarding domestic abuse allegations.
  • Child Arrangements Order: M to live with her mother and spend time with her father as per current arrangements (one night one week, three nights the next, on an alternate basis).