Dorian Day in Court of Appeal over a final order at a DRA in a dispute over three children

25th February 2025

3PB's family law barristers Dorian DayDorian DayCall: 1987 acted in the Court of Appeal before Lord Justice Baker, Lord Justice Nugee and Lady Justice Laing in the case of Re: A, B AND C (Child arrangements: final order at dispute resolution appointment) [2025] EWCA Civ 55, which saw the appeal of his client mother dismissed, affirming the Deputy District Judge (DDJ)'s decision in the lower court. The Court ruled that the mother's conduct and lack of substantive evidence warranting a change in arrangements, justified the decision to make a final order in the private children’s proceedings at a Dispute Resolution Appointment (“DRA”).

The case concerned a couple, married in Ireland, who relocated to England where their marriage broke down in 2018. The father started divorce proceedings in 2019 during which the mother expressed a desire to relocate with their three daughters - now aged 11, rising 9 and 7 - back to Ireland. The father filed for a child arrangements order to become the primary carer and sought a prohibited steps order to prevent the mother from removing the children to Ireland. The initial investigation by the family court adviser recommended against the move and proposed a shared care arrangement.

A contested final hearing had taken place before DDJ O’Leary in September 2019. At the hearing, the mother withdrew her relocation application. At the end of the hearing, the deputy district judge made a “shared care” order with each fortnight being divided under a 5:2:2:5 arrangement. Nine months later, in June 2020, the mother filed a further application seeking a variation of the child arrangements order. The following month, the father filed an application also seeking a variation of the order. A further report from social workers was ordered. In the course of her investigation, the mother filed a second application to remove the children permanently to Ireland. The proceedings were delayed by the outbreak of the Covid-19 pandemic during which the children were home-schooled in the mother’s home from Mondays to Thursdays and in the father’s home on Fridays. In May 2022, the couple concluded contested financial remedy proceedings, followed by the diagnosis of one child as being on the autistic spectrum in June 2022. The mother continued to be concerned about the father's parenting, claiming he relied too heavily on nannies and filed complaints about his conduct.

The court noted that the DRA's purpose is to resolve disputes without a contested hearing and the welfare of the children is the key consideration under the Children Act 1989 and concluded that the DDJ was entitled to rely on extensive written evidence and previous findings. If you wish to read  more about the judgement from the Court of Appeal, please click here.

Dorian was also in the Court of Appeal last month in the important test case on revoking adoption orders of Re X and Y (Children: Adoption Order: Setting Aside).

To contact Dorian, please email his clerk Ian Charlton on [email protected] or call him on 0121 289 4333.