CBM v MBS

Facts

D is a ten year old boy about to begin his final year of primary school. His parents separated after conduct by the father which he subsequently admitted and for which he later pleaded guilty to a criminal offence; a non-molestation order is in place. The mother issued an application for a child arrangements order. The parties agreed the substantive arrangements and a consent order was made by HHJ Gibbons on 5 May 2026, under which D lives with his mother and spends alternate weekends and longer holiday periods with his father, supervised by the paternal grandparents with whom the father lives, with the prospect of progression to unsupervised contact once the father completes domestic abuse work with an independent social worker. The only outstanding issue was which secondary school D should attend from September 2027. The mother favoured a small independent school, offering to fund the fees and extras herself from income and savings accrued by forgoing pension contributions; the father favoured a local state secondary school. Both parents accepted that D has additional educational needs, finds change and transition difficult and benefits from practical, supportive learning, and that both schools could provide SEND support. Financial remedy proceedings between the parents remained on foot, due to conclude the following month. The school issue was listed for determination before HHJ Vincent, sitting in the Family Court at Reading.