M v F & Anor

M v F & Anor

The Guardian’s recommendations for child arrangements, including term time and holiday contact, best meet A’s welfare needs, given her vulnerabilities, need for stability, and the history of parental conflict. There is no evidential basis to depart from the Guardian’s recommendations. A section 91(14) order is necessary and proportionate to prevent further harmful litigation, and a Family Assistance Order is required to ensure robust professional support for the family for 12 months.

Parties
Applicant: M; First Respondent: F; Second Respondent: A, through their Children’s Guardian
Jurisdiction
England and Wales
Judgment Date
18 December 2024
Procedural Posture
Children Act Proceedings / Final Hearing
Outcome
Orders granted as per Guardian’s recommendations; section 91(14) order and Family Assistance Order made.
Legal Topics
Child Arrangements Order, Section 91(14) Order, Family Assistance Order, Welfare Checklist, Parental Conflict, Children Act 1989
Family Law Child Arrangements Order Section 91(14) Order Family Assistance Order Welfare Checklist Parental Conflict Children Act 1989

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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 child arrangements are in A's welfare interests?
  2. 2 Should a section 91(14) order be made?
  3. 3 Is a Family Assistance Order necessary and proportionate?

Ratio Decidendi

The Guardian’s recommendations for child arrangements, including term time and holiday contact, best meet A’s welfare needs, given her vulnerabilities, need for stability, and the history of parental conflict. There is no evidential basis to depart from the Guardian’s recommendations. A section 91(14) order is necessary and proportionate to prevent further harmful litigation, and a Family Assistance Order is required to ensure robust professional support for the family for 12 months.

Court Disposition

Orders granted as per Guardian’s recommendations; section 91(14) order and Family Assistance Order made.

Orders

  • Child Arrangements Order: A to live with M during the week and with F on alternate weekends; specific arrangements for term time, holidays, and indirect contact as detailed in the judgment.
  • Section 91(14) order: No Children Act applications regarding A for two years without leave of court.