Father granted residency of his children during school term time

The Court of Appeal has upheld a ruling that a father should be granted residency of his two children during school term time despite opposition from the mother.

At one stage during the couple's relationship, the father had been the primary carer of the two children and had been responsible for sending them to the local school. When the relationship broke up, the mother took the children with her to live with her family.

The father then applied for a residence order so the children could return to him. The judge said he preferred the father's evidence but noted that it was a finely balanced case and the children would thrive with either parent.

He then decided that the children should be returned to the father during term time so they could continue their education at the school they used to attend before their mother took them away. They should then spend alternate weekends and the school holidays with their mother.

The mother appealed saying the status quo was with her – that is, the children were already living with her and they should not be disturbed from their settled environment – especially as the judge had already said they would thrive with either parent.

However, the Court of Appeal upheld the judge's ruling. It said that having decided the issue was finely balanced, the judge had been mindful of the need to consider the child welfare checklist as directed in the Children Act 1989. On that basis he had decided it was in the children's best interests that they lived with their father during term time.

The Appeal Court judges said there was no reason to interfere with that decision.