England and Wales Case Law

TM v GL

Faith's welfare requires that she lives with her mother, with contact to father conditional on stable accommodation to ensure consistency and emotional security. A section 91(14) order is justified for 12 months to prevent further disruptive litigation and allow arrangements to settle. Father's conduct in pursuing the enforcement application was unreasonable and merits an indemnity costs order.

Source excerpt

• Child arrangements order
• Enforcement of child arrangements
• Section 91(14) orders
• Costs in family proceedings

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X the father v Y the mother

The father has not successfully completed the therapy recommended by Dr A nor been positively re-assessed, so the risks identified in previous proceedings remain unaddressed. There is no arguable case or need for renewed judicial investigation into child arrangements. The enforcement application is an abuse of process as there is no breach of the child arrangements order by the mother; the issues raised concern the school's interpretation of the order, not the mother's conduct.

Source excerpt

• Child arrangements orders
• Enforcement of child arrangements
• Section 91(14) barring orders
• Parental responsibility
• Specific issue orders
• Permission to apply

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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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Re T (A Child: Application to Permanently Relocate)

The High Court refused to order a child’s return from Estonia and dismissed related contact and return applications, finding the child was settled there and welfare favored Estonia.

• Child arrangements
• Relocation of child
• Enforcement of child arrangements
• Habitual residence
• Parental responsibility
• Contact orders

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JB v DJ

Family appeal over a child residence transfer allowed because the judge focused too much on enforcement and not enough on welfare, and should have reappointed a guardian.

• Child residence
• Contact orders
• Enforcement of child arrangements
• Welfare principle
• Appeal procedure
• Family-law

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JB v DJ

JB v DJ [2021] EWHC 3524 (Fam) (28 October 2021)

Appeal allowed against transfer of a child’s residence. The court held the judge focused too much on compliance and not enough on the child’s welfare.

• Child arrangements
• Residence orders
• Enforcement of child arrangements
• Welfare principle
• Children act 1989
• Child-arrangements

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B (Children), Re

B (Children), Re [2015] EWCA Civ 1302 (21 December 2015)

Court of Appeal upheld permission for a mother to relocate two children to Abu Dhabi, with compliance secured by undertakings and a £250,000 charge.

• International relocation of children
• Wardship
• Enforcement of child arrangements
• Parental responsibility
• Contact orders
• Security for compliance

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B (A Child)

B (A Child) [2015] EWCA Civ 1041 (15 September 2015)

Permission to appeal was refused in a child arrangements case involving a change of residence from mother to father after repeated contact disputes and breaches.

• Child residence
• Contact arrangements
• Enforcement of child arrangements
• Welfare checklist
• Article 8 echr
• Child-residence

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O (A Child)

O (A Child) [2009] EWCA Civ 1266 (02 November 2009)

Renewed permission appeal in child arrangements proceedings. The court refused challenge to a shared residence order but granted permission on a warning notice point.

• Shared residence orders
• Contact orders
• Enforcement of child arrangements
• Warning notices under children act 1989
• Shared-residence-orders
• Contact-orders

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