P v P & Ors [2024] EWFC 347 (B) (23 August 2024)

P v P & Ors [2024] EWFC 347 (B) (23 August 2024)

M's welfare requires a move to a local school in C due to unsustainable travel and holistic needs; proceedings must conclude to prevent further harm; a section 91(14) order is justified as a protective filter for a limited period; a shared lives with order best reflects M's interests and relationship with both parents; no order as to reserved costs as threshold for unreasonable conduct not met; therapy and expert costs to be shared equally.

Citation
[2024] EWFC 347 (B)
Parties
Applicant: P; First Respondent: P; Respondents: The Children (by their Children's Guardian, Julie Lynex)
Jurisdiction
England and Wales
Judgment Date
23 August 2024
Procedural Posture
Children Act Proceedings (private Law) / Final Judgment After Combined Fact Finding and Welfare Hearing
Outcome
Application granted in part; final orders made.
Legal Topics
Child Arrangements, Section 91(14) Order, Schooling Dispute, Shared Lives With Order, Therapy Funding, Costs in Children Proceedings
Family Law Child Arrangements Section 91(14) Order Schooling Dispute Shared Lives With Order Therapy Funding Costs in Children Proceedings

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Parties

P

Applicant

P

First Respondent

The Children (by their Children's Guardian, Julie Lynex)

Respondents

Procedural Posture

Children Act Proceedings (private Law) / Final Judgment After Combined Fact Finding and Welfare Hearing

Legal Issues

  1. 1 Whether M should change schools from B to C
  2. 2 Whether to make a section 91(14) order restricting further applications
  3. 3 Whether to make a shared lives with order for M

Ratio Decidendi

M's welfare requires a move to a local school in C due to unsustainable travel and holistic needs; proceedings must conclude to prevent further harm; a section 91(14) order is justified as a protective filter for a limited period; a shared lives with order best reflects M's interests and relationship with both parents; no order as to reserved costs as threshold for unreasonable conduct not met; therapy and expert costs to be shared equally.

Court Disposition

Application granted in part; final orders made.

Orders

  • M to change school to nominated school in C for September term; prohibited steps order discharged.
  • Section 91(14) order: no Children Act applications re D until 19 September 2025, re S until 31 October 2025, without court permission.