TB v DB [2013] EWHC 2275 (Fam) (26 April 2013)

TB v DB [2013] EWHC 2275 (Fam) (26 April 2013)

The risks to the child from maintaining the shared residence order, given the mother's history of false allegations and attempts to thwart contact, outweigh the risks associated with changing residence. The child's welfare requires a sole residence order in favour of the father, with contact to the mother.

Source-derived case information.

Citation
[2013] EWHC 2275 (Fam)
Parties
Applicant: TB; Respondent: DB; Guardian Ad Litem: Beth Coulthard
Jurisdiction
England and Wales
Judgment Date
26 April 2013
Procedural Posture
Family Law Child Residence / Welfare Determination Following Fact Finding Judgment
Outcome
Shared residence order discharged; sole residence order granted to father; contact orders in favour of mother.
Legal Topics
Child Residence, Shared Residence Order, Sole Residence Order, Welfare of the Child, False Allegations, Contact Arrangements
Family Law Child Residence Shared Residence Order Sole Residence Order Welfare of the Child False Allegations Contact Arrangements

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Parties

TB

Applicant

DB

Respondent

Beth Coulthard

Guardian Ad Litem

Procedural Posture

Family Law Child Residence / Welfare Determination Following Fact Finding Judgment

Legal Issues

  1. 1 Whether to maintain a shared residence order or grant sole residence to the father
  2. 2 Assessment of risks to the child from each arrangement
  3. 3 Impact of false allegations by the mother on the child's welfare

Ratio Decidendi

The risks to the child from maintaining the shared residence order, given the mother's history of false allegations and attempts to thwart contact, outweigh the risks associated with changing residence. The child's welfare requires a sole residence order in favour of the father, with contact to the mother.

Court Disposition

Shared residence order discharged; sole residence order granted to father; contact orders in favour of mother.

Orders

  • Discharge of shared residence order
  • Sole residence order in favour of father