Applications for transfer of residence and contact

Private Law (Child Arrangements Programme (CAP))

29 November 2023

Marie represented the Mother in a case where she had not been legally represented at a fact-finding hearing within proceedings concerning an application by the Father to spend time with the children.

At the fact-finding hearing, the Mother had unfortunately failed to prove her allegations of domestic abuse (possibly due to lack of legal representation) and the case took a turn in the wrong direction at that point. As a result the Father alleged ‘parental alienation’, and a Guardian was appointed.

The Guardian reported that she had concerns about alienation and that a transfer of evidence may be necessary. The Mother was responsible for promoting contact and ensuring that it took place. Contact was re-introduced, supervised at a contact centre.

However, the Mother fully supported contact and ensured its success. In a later report, the Guardian acknowledged this and concluded that there was no need for there to be a transfer of residence. An order for alternate weekend contact and half the holidays spent with Father was considered to be the right order.

The Father did not accept the Guardian’s recommendations and sought a transfer of living arrangements at final hearing.

With the Mother now supported by Marie, the Court ordered that the children remain living with the Mother and see the Father on alternate weekends and for half the holidays.

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