A family court judge has placed significant weight on the wishes of two children when deciding to increase the time they spend with their father and to approve his choice of schools.

District Judge Barrie, sitting at the Central Family Court, said both parents were able to meet the children’s needs and that their views, educational requirements and stability were central to the outcome.

Background

The case concerned two children, R (12) and S (11). Their mother applied for permission to relocate from London to the south-west and for both children to attend boarding schools outside the capital. The father opposed the move and asked for a joint “lives-with” order, seeking an equal shared-care arrangement.

An independent social worker (ISW) was appointed to assess the family. The ISW found that the children already experienced their lives as shared care and recommended they spend two additional nights per fortnight with their father.

By the time of the final hearing in June 2025 the mother no longer sought relocation and accepted a joint “lives-with” order and equal sharing of school holidays. The remaining issues were whether to follow the ISW’s recommendation for extra time with the father and which schools the children should attend.

Children’s views and welfare

Judge Barrie applied the welfare checklist in section 1(3) of the Children Act 1989, noting there was no suggestion either parent posed any risk of harm.

Both children told the ISW that they wanted more time with their father and wished to remain living in London. The judge described them as “happy and settled” and said their ability to express their feelings openly was “a testament to the parenting they have received”.

He accepted the ISW’s view that two extra nights per fortnight with the father was “a modest adjustment” but one that would be meaningful for the children, allowing them to spend more time with their older half-brother and reducing the number of weekly handovers.

“A Monday handover will provide a consistent and predictable routine … promoting stability and clarity in their day-to-day lives,” the judge said.

School decisions

R is academically able and excels in sport. S has special educational needs, including dyslexia and dyspraxia, and requires small classes and strong pastoral support.

Judge Barrie found that both children’s needs would be best met by the father’s proposed London-based schools, which the children had visited and endorsed. He considered the mother’s preferred schools outside London impractical because of distance and inadequate assurance of special-needs provision.

Outcome

The court ordered that:

• The children live with both parents under a joint “lives-with” order.
• They spend an additional two nights per fortnight with their father, creating a 7/7 shared-care pattern.
• Holidays continue to be divided equally.
• The children move to new schools at the start of Year 9 in line with the father’s proposals.

Judge Barrie praised both parents for narrowing the issues and the ISW for “thoughtful, balanced, and child-focused evidence”, expressing hope that the decision would mark “a more positive and settled chapter” for the family.

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X v Y [2025] EWFC 243 (B)
Family Court, Central Family Court, London
Judge: District Judge Barrie
Judgment date: 10 July 2025