K v D (Parental Conflict)

K v D (Parental Conflict)

The children should live with their mother, with a structured programme for contact with their father, as neither parent poses a real risk of abduction but both are culpable for emotional harm caused by parental conflict. The prohibited steps order is maintained for 12 months to prevent removal from England and Wales without mutual consent, and both parents must attend a Separated Parents Information Programme. A Family Assistance Order is made to support the children and parents.

Parties
Applicant: K; Respondent: D
Jurisdiction
England and Wales
Judgment Date
11 June 2015
Procedural Posture
Children Act Proceedings / Final Judgment
Outcome
Final child arrangements order made; applications for supervised contact and 'live with' order for father dismissed.
Legal Topics
Child Arrangements, Parental Conflict, Prohibited Steps Order, Contact Orders, Family Assistance Order, Separated Parents Information Programme
Family Law Child Arrangements Parental Conflict Prohibited Steps Order Contact Orders Family Assistance Order Separated Parents Information Programme

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Parties

K

Applicant

D

Respondent

Procedural Posture

Children Act Proceedings / Final Judgment

Legal Issues

  1. 1 Whether the children should live with the mother or father
  2. 2 Whether contact with the father should be supervised
  3. 3 Whether a prohibited steps order preventing removal from England and Wales should be maintained

Ratio Decidendi

The children should live with their mother, with a structured programme for contact with their father, as neither parent poses a real risk of abduction but both are culpable for emotional harm caused by parental conflict. The prohibited steps order is maintained for 12 months to prevent removal from England and Wales without mutual consent, and both parents must attend a Separated Parents Information Programme. A Family Assistance Order is made to support the children and parents.

Court Disposition

Final child arrangements order made; applications for supervised contact and 'live with' order for father dismissed.

Orders

  • Children to live with mother and spend time with father as per structured programme.
  • Both parents to attend Separated Parents Information Programme.