K v Y

K v Y

The court found that Z's welfare required her to remain living with both parents under a shared 'lives with' order, primarily residing with K and spending specified time with Y, including overnight stays and holidays. The court determined that K had not directly alienated Z from Y but had been too passive in promoting the relationship. A change of school or residence to Y would be emotionally harmful and contrary to Z's wishes. No Prohibited Steps Order was justified, and Z's passport should be held alternately by the parent last taking her abroad. The court dismissed applications for a Family Assistance Order and an Independent Social Worker.

Parties
Applicant: K; Respondent: Y
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Children Family Law / Final Hearing and Judgment
Outcome
Applications determined; final child arrangements order made; other applications dismissed.
Legal Topics
Child Arrangements Order, Parental Responsibility, Prohibited Steps Order, Specific Issue Order, Parental Alienation, Welfare Principle
Family Law Children Law Child Arrangements Order Parental Responsibility Prohibited Steps Order Specific Issue Order Parental Alienation Welfare Principle

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 10 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

K

Applicant

Y

Respondent

Procedural Posture

Children Family Law / Final Hearing and Judgment

Legal Issues

  1. 1 With whom should the child Z live?
  2. 2 How much time should Z spend with each parent?
  3. 3 Should Z's school be changed?

Ratio Decidendi

The court found that Z's welfare required her to remain living with both parents under a shared 'lives with' order, primarily residing with K and spending specified time with Y, including overnight stays and holidays. The court determined that K had not directly alienated Z from Y but had been too passive in promoting the relationship. A change of school or residence to Y would be emotionally harmful and contrary to Z's wishes. No Prohibited Steps Order was justified, and Z's passport should be held alternately by the parent last taking her abroad. The court dismissed applications for a Family Assistance Order and an Independent Social Worker.

Court Disposition

Applications determined; final child arrangements order made; other applications dismissed.

Orders

  • Z shall continue to live with both parents under a shared 'lives with' order: with Y for at least one overnight stay on a Saturday each month, one additional day per month, half of Easter and Christmas holidays, at least two weeks of summer holidays, and one additional overnight stay during each half-term; with K at...
  • Z shall remain at her current school (School C).