M v F & Ors

M v F & Ors

The welfare of the children is paramount. Child A’s views are influenced by the father but must be respected to a degree; a shared 'lives with' order is appropriate for Child A, with contact to the mother unsupervised and flexible. The younger children should live with the mother and have only supervised contact with the father until he completes the PCS course and demonstrates change. The mother’s application for the children’s surname to be M’s surname for passport purposes is allowed for the younger children but refused for Child A. The mother is granted a non-molestation order for two years. The father is ordered to pay 70% of the mother’s costs of the fact-finding hearing due to...

Parties
Applicant: M; 1st Respondent: F; 2nd Respondent: Child A; 3rd 5th Respondents: Child B, Child C & Child D (through their NYAS caseworker)
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Children Act Private Law Proceedings / Final Hearing
Outcome
Orders granted in part for both parties; mother’s applications largely allowed except for Child A’s surname and school change.
Legal Topics
Child Arrangements, Parental Responsibility, Domestic Abuse, Non Molestation Order, Costs
Family Law Child Arrangements Parental Responsibility Domestic Abuse Non Molestation Order Costs

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Parties

M

Applicant

F

1st Respondent

Child A

2nd Respondent

Child B, Child C & Child D (through their NYAS caseworker)

3rd 5th Respondents

Procedural Posture

Children Act Private Law Proceedings / Final Hearing

Legal Issues

  1. 1 What child arrangements are in the best interests of the children?
  2. 2 Should a non-molestation order be made in favour of the mother?
  3. 3 Should the children’s surname be changed for passport purposes?

Ratio Decidendi

The welfare of the children is paramount. Child A’s views are influenced by the father but must be respected to a degree; a shared 'lives with' order is appropriate for Child A, with contact to the mother unsupervised and flexible. The younger children should live with the mother and have only supervised contact with the father until he completes the PCS course and demonstrates change. The mother’s application for the children’s surname to be M’s surname for passport purposes is allowed for the younger children but refused for Child A. The mother is granted a non-molestation order for two years. The father is ordered to pay 70% of the mother’s costs of the fact-finding hearing due to...

Court Disposition

Orders granted in part for both parties; mother’s applications largely allowed except for Child A’s surname and school change.

Orders

  • Shared 'lives with' order for Child A (with both parents); Child A to live primarily with father, contact with mother unsupervised and flexible.
  • 'Lives with' order for Child B, Child C, and Child D to mother; supervised contact with father in a contact centre, fortnightly, at father’s expense.