PP v JP & Anor [2024] EWFC 290 (14 October 2024)

PP v JP & Anor [2024] EWFC 290 (14 October 2024)

The father is better placed to support the children's reintegration into mainstream education and promote their welfare. The mother's approach has led to the boys' social and educational deprivation, and her tendency to medicalise their difficulties is not supported by the evidence. The children should live with...

Source-derived case information.

Citation
[2024] EWFC 290
Parties
Applicant: PP; First Respondent: JP; Second Respondent: B; Third Respondent: T
Jurisdiction
England and Wales
Judgment Date
14 October 2024
Procedural Posture
Children Act Proceedings (child Arrangements) / Final Hearing After Rehearing on Appeal
Outcome
Application granted. Children to live with father and attend mainstream school. Section 91(14) order made.
Legal Topics
Child Arrangements, Change of Residence, Home Education, Section 91(14) Order, Welfare of the Child
Family Law Child Arrangements Change of Residence Home Education Section 91(14) Order Welfare of the Child

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Parties

PP

Applicant

JP

First Respondent

B

Second Respondent

T

Third Respondent

Procedural Posture

Children Act Proceedings (child Arrangements) / Final Hearing After Rehearing on Appeal

Legal Issues

  1. 1 With whom should the children live?
  2. 2 Should the children be separated or live together?
  3. 3 Should the children return to mainstream education?

Ratio Decidendi

The father is better placed to support the children's reintegration into mainstream education and promote their welfare. The mother's approach has led to the boys' social and educational deprivation, and her tendency to medicalise their difficulties is not supported by the evidence. The children should live with their father and attend mainstream school. A s.91(14) order is justified to prevent further harmful litigation.

Court Disposition

Application granted. Children to live with father and attend mainstream school. Section 91(14) order made.

Orders

  • Children B and T to live with their father (PP).
  • Children to be enrolled in mainstream secondary education as soon as practicable.