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Re K and P (children – child arrangements order and specific issue order no 2)

6th February 2025

Court

High Court

Practice Areas

Private Children Law

Rosanne Godfrey-Lockwood was instructed by Hughes Fowler Carruthers to represent the Respondent Mother ahead of a final hearing before HHJ Tolson KC in the Summer of 2024. Joy Brereton KC had previously represented the Mother, and in the lead up to the final hearing had obtained a specific issue order for the older sibling to attend school abroad. The youngest sibling remained living with the Mother and had been refusing to attend school on any meaningful basis for c. 18 months, which was around the time that the Father had applied to the Court seeking a transfer of the child’s residence to him. HHJ Tolson KC made an order transferring the child’s residence to the Father in August of 2024. This was successfully stayed and overturned on appeal at a hearing before Keehan J where Rosanne again represented the Mother. At a re-hearing before HHJ Vincent in December 2024, the Court refused the Father’s application and instead permitted the Mother’s application to enrol the child at a school in Denmark (which is where the Mother is from) – confirming that the child would remain living with the Mother.

The publication of the Judgment, and the child’s enrolment at school in Denmark, was delayed by the Father issuing an appeal against HHJ Vincent’s decision some weeks later. At a hearing before Mrs Justice Harris in April of 2025, Rosanne successfully defended the appeal, with the High Court refusing the Father permission to appeal, certifying the application as totally without merit, and making a costs order against the Father for the full quantum of the costs claimed by the Mother.

To read the judgment, click here.

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