M v F & Anor [2024] EWFC 371 (B) (17 December 2024)

M v F & Anor [2024] EWFC 371 (B) (17 December 2024)

The welfare of A requires arrangements as recommended by the Guardian, including a shared lives with Child Arrangements Order, specific term time and holiday contact, a section 91(14) order for two years, and a Family Assistance Order for 12 months, as these measures best support A's stability, emotional needs, and protection from further harm arising from parental conflict.

Citation
[2024] EWFC 371 (B)
Parties
Applicant: M; First Respondent: F; Second Respondent: A, through their Children's Guardian
Jurisdiction
England and Wales
Judgment Date
17 December 2024
Procedural Posture
Children Act Proceedings / Final Hearing
Outcome
Orders made as recommended by the Guardian: shared lives with Child Arrangements Order, specific term time and holiday arrangements, section 91(14) order for two years, and Family Assistance Order for 12 months.
Legal Topics
Child Arrangements Order, Section 91(14) Order, Family Assistance Order, Welfare Checklist, Parental Conflict, Expert Evidence, Children's Guardian
Family Law Child Arrangements Order Section 91(14) Order Family Assistance Order Welfare Checklist Parental Conflict Expert Evidence Children's Guardian

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Parties

M

Applicant

F

First Respondent

A, through their Children's Guardian

Second Respondent

Procedural Posture

Children Act Proceedings / Final Hearing

Legal Issues

  1. 1 What arrangements are in A's welfare interests regarding time with each parent, especially during holidays and term time?
  2. 2 Whether a section 91(14) order is necessary to restrict future Children Act applications.
  3. 3 Whether a Family Assistance Order is necessary and proportionate.

Ratio Decidendi

The welfare of A requires arrangements as recommended by the Guardian, including a shared lives with Child Arrangements Order, specific term time and holiday contact, a section 91(14) order for two years, and a Family Assistance Order for 12 months, as these measures best support A's stability, emotional needs, and protection from further harm arising from parental conflict.

Court Disposition

Orders made as recommended by the Guardian: shared lives with Child Arrangements Order, specific term time and holiday arrangements, section 91(14) order for two years, and Family Assistance Order for 12 months.

Orders

  • Shared lives with Child Arrangements Order specifying term time and holiday contact as per Guardian's recommendations.
  • Section 91(14) order preventing Children Act applications for two years.