When Orders Are Ignored
A recent Family Court decision has highlighted the serious consequences of persistently breaching child arrangements orders and the court’s willingness to transfer residence where emotional harm is found. In F v M [2025] EWFC 208, Mrs Justice Lieven ordered that four children move from their mother’s care to live with their father—despite having lived with their mother since separation in 2018.
Background
The case involved four children aged 8 to 13. The parents separated in 2018, and the children had lived with their mother since then. Despite multiple court orders for contact with the father, the mother repeatedly failed to comply, citing illness or the children’s reluctance. The court found these excuses unconvincing and ultimately determined that the mother had deliberately obstructed contact and emotionally harmed the children.
Key Findings
- Persistent breaches of court orders: The mother failed to comply with multiple child arrangements orders, including keeping the children off school to avoid contact handovers.
- Emotional harm and parental influence: The court found that the mother had influenced the children against their father, including sending messages during supervised contact encouraging them to lie to professionals.
- Change of residence justified: The children were moved to live with their father, where they settled well and resumed education. The court found the father’s care to be appropriate and child-focused.
- Supervised contact and therapeutic support: The mother was ordered to have supervised contact only, pending engagement with therapy and evidence of change.
- Section 91(14) order made: To prevent further litigation, the court barred the mother from making further applications for three years without permission.
What This Means for Clients
This case is a clear reminder that:
- Court orders must be followed. Repeated breaches can lead to serious consequences, including a change of residence.
- Children’s welfare is paramount. The court will act to protect children from emotional harm, even if it means disrupting long-standing arrangements.
- Parental influence is scrutinised. Attempts to manipulate children’s views or obstruct contact can backfire and damage a parent’s credibility.
- Support and transparency matter. Parents are expected to promote the child’s relationship with the other parent, even after separation.
Need Advice?
If you’re facing difficulties with contact arrangements or enforcement, or if you’re concerned about your child’s welfare in the other parent’s care, we can help.
Contact our team for clear, practical advice on protecting your child’s best interests and navigating complex family proceedings.