D (Change of Circumstances: Domestic Abuse Allegations)

Facts

The case concerns a girl, D, aged 7, whose parents separated in February 2024. In July 2024 the mother moved out of the former family home to a town some 70 miles away, later moving to a property about 50 miles away where she now lives with a new partner and his three sons. D remained with her father, attending her local school, with regular contact with her mother. Mediation failed, and in December 2024 the mother applied for a child arrangements order that D live with her and change schools, alleging domestic abuse; the father cross-applied for D to remain with him and for a prohibited steps order. A Cafcass safeguarding letter recommended a fact-finding hearing, but at the FHDRA in February 2025 Deputy District Judge Taghdissian decided one was unnecessary and directed a report under section 7 of the Children Act 1989, including an assessment of parenting capacity having regard to the mother's allegations. The report recommended an immediate transfer of residence. Following a final hearing at which the Cafcass officer gave evidence remotely in difficult technical conditions, Deputy District Judge Loughridge made a "live with" order in the mother's favour. HH Judge Willsteed dismissed the father's appeal on the "live with" grounds but allowed it on the "spend time with" ground. The father appealed again.