Article archive :: Child Custody Helpline

GUIDELINES IN RELATION TO CHILDREN GIVING EVIDENCE IN FAMILY PROCEEDINGS

16/12/2022 19:00

LADY HALE giving the judgment of the court: 1. At issue in this case are the principles which should guide the exercise of the court’s discretion in deciding whether to order a child to attend to give evidence in family proceedings. The current approach was stated by Smith LJ in LM v...

Failed drug test in family law cases R (A Child - Care Order) [2017] EWHC 364 (Fam)

11/12/2020 14:15

R (A Child - Care Order) [2017] EWHC 364 (Fam) Judgment in a re-hearing in care proceedings in relation to a child, whose mother accepted that she had a long, chronic history of substance misuse. The two central issues were: (i) the interpretation of hair strand test results, and (ii) resolution of...

M (Children) [2013] EWCA Civ 1147 Appeal against order refusing father's contact with his three sons, aged 7, 5 and 3. Appeal allowed, order set aside and case remitted for rehearing.

11/12/2020 11:04

A father of three boys (7, 5 and 3) appealed an order refusing his application for contact. The case had involved significant domestic violence from the father to the mother, witnessed by the two elder children. The father had also had historical criminal convictions including causing...

H (Children) [2014] EWCA Civ 733 Mother’s application to the Court of Appeal for permission to appeal against what she contended was a “pre-emptory” change of interim residence orders in respect of her three sons

11/12/2020 11:03

H (Children) [2014] EWCA Civ 733 Mother’s application to the Court of Appeal for permission to appeal against what she contended was a “pre-emptory” change of interim residence orders in respect of her three sons This was an application for permission to appeal with appeal to follow made by the...

Re S (Parental Alienation: Cult) [2020] EWCA Civ 568

11/12/2020 10:56

Re S (Parental Alienation: Cult) [2020] EWCA Civ 568 The Court of Appeal allowed an appeal by a father against the dismissal of his application for Lara, an 9 year old girl, to live with him, in circumstances where the trial judge had found that Lara had suffered harm in the context of her mother’s...

Hague Convention Re E (Children) [2011] UKSC 27 Appeal to the Supreme Court by mother against an order for the return of children under the Hague , on the grounds that the judge had failed to apply Article 13(b) of the Convention. Appeal dismissed.

27/04/2018 15:41

Appeal to the Supreme Court by mother against an order for the return of children under the Hague Convention, on the grounds that the judge had failed to apply Article 13(b) of the Convention. Appeal dismissed. Background to the appeal This case concerns two little girls whom the court refers...

Judgment in intractable contact / parental alienation case, giving guidance on case management in such matters

06/12/2017 10:14

Re E (A Child) [2011] EWHC 3521 (Fam) Judgment in intractable contact / parental alienation case, giving guidance on case management in such matters By the time of the final hearing the child was 8 ½ years old and had not seen the father for 3 ½ years. There was evidence that the relationship...

W-B (A Child) [2012] EWCA Civ 592 Appeal as to whether proceedings, concerning the residence of the parties’ child, should take place in Scotland, where she now lived with the mother, or England. Appeal allowed.

26/01/2016 18:58

W-B (A Child) [2012] EWCA Civ 592 Appeal as to whether proceedings, concerning the residence of the parties’ child, should take place in Scotland, where she now lived with the mother, or England. Appeal allowed. This was an appeal by a mother in private law proceedings. The parents were...

Re C (Internal Relocation) [2015] EWCA Civ 1305

29/12/2015 21:00

In the case of child relocation specialist Anna Worwood of Penningtons Manches LLP, acted for the appellant father (instructing Charles Hale QC). The father's appeal generated a necessary consideration of the proper principles to be applied in cases involving...

Re F [A] Child International Relocation Cases

14/10/2015 00:43

To consider The law to be applied in an international child relocation case was set out in K v K (Children: Permanent Removal from Jurisdiction) [2011] EWCA Civ 793 A father's appeal against an order giving the mother leave to remove their 12-year-old daughter to Germany was allowed...

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