M v H

M v H

The court determined that the risk the mother would not promote Sophie's relationship and contact with the father if Sophie attended school in Germany was higher than the equivalent risk if Sophie attended school in England. Therefore, Sophie's welfare would be best promoted by attending school in England, with a shared residence order continuing to facilitate both parents' involvement.

Parties
Applicant: M; Respondent: H; Child: Sophie
Jurisdiction
England and Wales
Judgment Date
21 February 2008
Procedural Posture
Family / Final Judgment
Outcome
Sophie to attend full-time school in England; shared residence order to continue.
Legal Topics
Residence Order, Shared Residence, Parental Conflict, Religious Differences, Child Welfare, Contact Promotion
Family Law Child Welfare Residence Order Shared Residence Parental Conflict Religious Differences Contact Promotion

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Parties

M

Applicant

H

Respondent

Sophie

Child

Procedural Posture

Family / Final Judgment

Legal Issues

  1. 1 Should Sophie attend school in England or Germany?
  2. 2 Which parent is more likely to promote Sophie's relationship with the other parent?
  3. 3 Impact of parental religious differences on Sophie's welfare

Ratio Decidendi

The court determined that the risk the mother would not promote Sophie's relationship and contact with the father if Sophie attended school in Germany was higher than the equivalent risk if Sophie attended school in England. Therefore, Sophie's welfare would be best promoted by attending school in England, with a shared residence order continuing to facilitate both parents' involvement.

Court Disposition

Sophie to attend full-time school in England; shared residence order to continue.

Orders

  • Order that Sophie goes to full-time school in England.
  • Shared residence order to continue.