G v S

Practice – Family Division. The Family Division held that, in an application pursuant to Sch 1 of the Children Act 1989, where a court, at the 'second stage' of the negotiating process contained in Xydhias v Xydhias ([1999] 1 FLR 683), determined that an agreement between the parties was irreconcilable with the best interests of a subject child, it was likely that Xydhias principles would be disapplied. Accordingly, among other things, the draft order in the present proceedings, which incorporated a clause into the Sch 1 order which restricted the Swedish national mother from obtaining a replacement property outside England and Wales, in any circumstances, before the child in question completed her primary education, would be amended.

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