England and Wales Case Law

F v M

A's welfare is best served by returning to Northamptonshire to live with F, as M has demonstrated inability to promote a meaningful relationship between A and F, and the emotional need for breastfeeding does not outweigh the need for A to have a proper relationship with both parents. F is able to meet A's needs and promote contact with M, while M's relocation was not genuine or realistic under the 'Payne factors'.

Source excerpt

• Child residence
• Relocation
• Contact arrangements
• Welfare of the child

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Father v Maternal Aunt

The order for A's return to her father was discharged and enforcement refused because new evidence from the local authority revealed safeguarding concerns in the father's household, undermining the basis for the original orders. There were also concerns about A's welfare in the aunt's care, requiring urgent investigation. No findings of judicial impropriety were made.

Source excerpt

• Child residence
• Enforcement of child arrangements
• Special guardianship
• Safeguarding
• Judicial conduct

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YK (Father) v TS (Mother)

The court found that both parents contributed to a toxic relationship that harmed A, but the mother's risky behaviour was a product of relationship stress rather than intent to harm. The evidence did not show that the mother posed a continuing risk to A, but a psychological assessment was necessary to confirm this before unsupervised contact or residence could be considered.

Source excerpt

• Child residence
• Contact arrangements
• Domestic abuse
• Fact-finding
• Parental responsibility

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MSD and FPD (Children) (Stranded Spouse; Wardship), Re

Continuation of the wardship order was not justified as there was no sufficient reason to invoke the inherent jurisdiction; statutory powers under the Children Act 1989 were adequate to address the concerns raised.

Source excerpt

• Wardship
• Stranded spouse
• Domestic abuse
• Inherent jurisdiction
• Child residence

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AOX v LSX

There was no credible evidence of domestic abuse or coercive and controlling behaviour by Father towards Mother prior to their separation. Mother deliberately prevented Father from having contact with the child from January to September 2021. On 16 September 2021, Father violently abducted the child and prevented Mother from contact. There was no wrongdoing by Father towards Mother on 24 February or 9 March 2022. Mother's removal of the child from Ukraine without Father's consent was wrongful under Ukrainian law but justified by genuine fear due to war and prior abduction.

Source excerpt

• Child residence
• Child abduction
• Domestic abuse
• Contact arrangements

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A v J & Ors

The father unilaterally and deceitfully removed the children from the mother, constituting emotional abuse to both mother and children. The father poses a risk of emotional and physical harm, lacks empathy, and denigrates the mother. The children’s welfare requires they live with their mother, with only supervised contact with the father, as unsupervised contact would expose them to risk of harm.

Source excerpt

• Wardship
• Child residence
• Contact arrangements
• Domestic abuse
• Transnational marriage abandonment

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EF, In the Matter Of

EF, In the Matter Of [2024] EWHC 2956 (Fam) (06 August 2024)

Appeal in a child residence case involving parental conflict and a child’s diabetes. Permission to appeal was granted, but the appeal was dismissed.

• Child residence
• Transfer of residence
• Welfare of the child
• Appeal procedure
• Children act 1989
• Child-residence

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AOX v LSX

AOX v LSX [2024] EWHC 2379 (Fam) (18 July 2024)

Fact-finding hearing in a child arrangements dispute found no domestic abuse by the father before separation, but held he violently abducted the child in September 2021.

• Child residence
• Child abduction
• Domestic abuse allegations
• Fact-finding hearings
• International family law
• Family-law

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A Mother v A Father & Anor

A Mother v A Father & Anor [2023] EWFC 163 (B) (03 May 2023)

The Family Court transferred Eve’s residence from her father to her mother after finding persistent alienating behaviour, repeated order breaches, and emotional harm.

• Child residence
• Parental alienation
• Enforcement of contact orders
• Change of residence
• Emotional harm
• Welfare of the child

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F v G (private law final hearing), Re

The Family Court held that two children should live with their father, with supervised-to-unsupervised contact to be managed carefully, and allowed a school change for one child.

• Child residence
• Contact arrangements
• Change of school
• Welfare of the child
• Parental responsibility
• Child-arrangements

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