FA-2025-000247 - [2025] EWHC 2437 (Fam)

Fecha: 30-Sep-2025

Section 1

This judgment was delivered in public. The judge has given leave for this version of the judgment to be published on condition that (irrespective of what is contained in the judgment) in any published version of the judgment the anonymity of the children and members of their family must be strictly preserved. All persons, including representatives of the media and legal bloggers, must ensure that this condition is strictly complied with. Failure to do so may be a contempt of court.

Mr Justice MacDonald:

INTRODUCTION

In this matter I am concerned with an appeal against the order of Recorder Clapham dated 22 July 2025, concerning the welfare of J, aged 8, and L, now aged 7. By his order of that date, and against the recommendations of the Cafcass Family Court Adviser (hereafter “the FCA”) the learned Recorder made, inter alia, the following order:

“6.
During school term time, the children shall:
a)
live with their Mother from Monday morning, delivery to school, until Friday evening; and
b)
live with their Father from Friday evening, collection by Father after school, until Monday morning, delivery to school.”

The father of the children, Y, sought permission to appeal at the conclusion of the hearing, which application was refused by the Recorder. The father’s previous counsel thereafter confirmed to the Recorder by an email dated 24 July 2025 that the father did not intend to make any further application for permission to appeal. As a result of this confirmation, the children were told of the new arrangements with respect to their living arrangements mandated by the order and, in consequence, their schooling.

Notwithstanding the indication that no further application for permission to appeal would be lodged, and the children being told of their new arrangements in light of that position, the father subsequently lodged a Notice of Appeal on 11 August 2025. The father is represented on this appeal by Ms Harriet Stacey of counsel. The appeal is opposed by the mother of the children, E. The mother is represented by Ms Cliona Papazian of counsel.

On 27 August 2025, permission to appeal the order of 22 July 2025 was granted on the papers by Trowell J, who thereafter also granted a stay of the Recorder’s order. The appeal hearing was expedited in circumstances where the outcome of the appeal impacts on not only the living arrangements for the children but also which school the children commence at the start of the imminent autumn term. In that context, at the conclusion of the appeal hearing I announced my decision that the appeal would be dismissed with reasons to follow. I now set out my reasons for dismissing the appeal.