Re C (a child) [2025] EWFC 47
This recent Family Court case highlighted the importance of a child’s wishes in determining residence arrangements, even in situations involving parental conflict. In this case, a 12-year-old child (‘C’) was allowed to return to live with her mother, despite earlier findings of the mother’s attempts to alienate C from her father.
Background
C’s parents separated in 2016, when she was just four years old. In 2023, the court had ordered that C live with her father, even though she expressed a strong desire to stay with her mother. Over the next two years, C repeatedly stated that she wanted to return to her mother’s care.
A court-appointed psychologist had recommended suspending contact with the mother to address the emotional impact of parental conflict. However, new evidence showed that C’s father struggled to meet her emotional needs, including not supporting her passion for horse riding.
Court’s Decision
The Family Court made its decision based on the Children Act 1989, prioritising C’s welfare above all else. The court acknowledged previous concerns about the mother’s actions but concluded that returning C to her mother’s care was the least harmful option for her emotional well-being.
C was ordered to live with her mother, with unsupervised contact with her father.
What This Means for You
This case reinforces the principle that the child’s welfare, including their wishes, is the key consideration in family law decisions.
Our family law solicitors can provide guidance and support in navigating the complexities of Family and Child Law.
This blog post is not intended to be taken as advice or acted upon. If you are seeking legal advice, please contact our team of solicitors.
Zubair Dharamsi Gowsigan Gnanakumaran Maisa Riazi
Partner Solicitor Legal Assistant
zd@roselegal.co.uk gg@roselegal.co.uk mr@roselegal.co.uk
