TB v DB

TB v DB

The risks to the child from maintaining the shared residence order, given the mother's sustained campaign of false allegations and potential for future harm, outweigh the risks of changing residence. Sole residence to the father is in the child's best interests.

Parties
Applicant: TB; Respondent: DB; Child: D; Children's Guardian: Ms. Beth Coulthard
Jurisdiction
England and Wales
Judgment Date
26 April 2013
Procedural Posture
Family / Judgment
Outcome
Shared residence order discharged; sole residence order granted to father; contact orders in favour of mother.
Legal Topics
Child Residence, Shared Residence, Sole Residence, Contact Orders, False Allegations, Welfare of the Child
Family Law Child Residence Shared Residence Sole Residence Contact Orders False Allegations Welfare of the Child

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Parties

TB

Applicant

DB

Respondent

D

Child

Ms. Beth Coulthard

Children's Guardian

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Whether to discharge shared residence order and grant sole residence to father
  2. 2 Impact of false allegations on child welfare
  3. 3 Appropriateness of prohibitory orders against mother

Ratio Decidendi

The risks to the child from maintaining the shared residence order, given the mother's sustained campaign of false allegations and potential for future harm, outweigh the risks of changing residence. Sole residence to the father is in the child's best interests.

Court Disposition

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

Orders

  • Sole residence order to father
  • Contact orders to mother