M1 v M2 & Ors [2025] EWFC 461 (B) (29 August 2025)

M1 v M2 & Ors [2025] EWFC 461 (B) (29 August 2025)

M2's application to set aside the February 2025 findings is refused as the police disclosure and new evidence do not undermine the original findings regarding parentage. M2's inability to accept the legal reality and her implacable hostility to F pose a significant risk of emotional harm to RF and AF. The current 50/50 shared care arrangement is unworkable due to the adults' inability to co-parent. M2's parental responsibility for RF and AF is removed. F is granted parental responsibility for RF and AF. M2 is refused parental responsibility and contact with FA. RF and AF will live with M1, spend supervised contact with M2 once per month, and have contact with F as agreed with M1....

Citation
[2025] EWFC 461 (B)
Parties
Applicant: M1; Respondent 1 / Cross Applicant 1: M2; Respondent 2 / Cross Applicant 2: F; Respondents 3 5: RF, AF and FA (by their Children's Guardian Mr B)
Jurisdiction
England and Wales
Judgment Date
29 August 2025
Procedural Posture
Family Children / Final Welfare Hearing Following Prior Fact Finding and Parentage Declarations
Outcome
Applications determined as follows: M2's application to set aside parentage findings refused; M2's parental responsibility for RF and AF removed; F granted parental responsibility for RF and AF; M2 refused PR and contact with FA; RF and AF to live with M1; supervised contact for M2; contact with F as agreed;...
Legal Topics
Parental Responsibility, Declarations of Parentage, Child Arrangements Orders, Prohibited Steps Orders, Change of Name, Contact Arrangements, Removal of Parental Responsibility, Disclosure Applications, Adoption Indications, Specific Issue Orders
Family Law Children Law Parental Responsibility Declarations of Parentage Child Arrangements Orders Prohibited Steps Orders Change of Name Contact Arrangements +4 more

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Parties

M1

Applicant

M2

Respondent 1 / Cross Applicant 1

F

Respondent 2 / Cross Applicant 2

RF, AF and FA (by their Children's Guardian Mr B)

Respondents 3 5

Procedural Posture

Family Children / Final Welfare Hearing Following Prior Fact Finding and Parentage Declarations

Legal Issues

  1. 1 Whether M2's application to set aside the February 2025 parentage findings should be granted
  2. 2 Whether M2 should retain parental responsibility for RF and AF
  3. 3 Whether F should be granted parental responsibility for RF and AF

Ratio Decidendi

M2's application to set aside the February 2025 findings is refused as the police disclosure and new evidence do not undermine the original findings regarding parentage. M2's inability to accept the legal reality and her implacable hostility to F pose a significant risk of emotional harm to RF and AF. The current 50/50 shared care arrangement is unworkable due to the adults' inability to co-parent. M2's parental responsibility for RF and AF is removed. F is granted parental responsibility for RF and AF. M2 is refused parental responsibility and contact with FA. RF and AF will live with M1, spend supervised contact with M2 once per month, and have contact with F as agreed with M1....

Court Disposition

Applications determined as follows: M2's application to set aside parentage findings refused; M2's parental responsibility for RF and AF removed; F granted parental responsibility for RF and AF; M2 refused PR and contact with FA; RF and AF to live with M1; supervised contact for M2; contact with F as agreed;...

Orders

  • M2's application to set aside February 2025 judgment refused
  • M2's parental responsibility for RF and AF removed