On the weekend I was asked what goes through my head (not the first time in the last week) when working on arguments in leave to remove cases. The question “are they very difficult to stop” raises the response “no, but you can’t hope to just walk into court without detailed preparation and get a good result”. You need to have facts pertinent to the individual case to work with and build the arguments around those facts. You need to prepare thoroughly. There are pitfalls too to be avoided and these are discussed further on. Continue reading Leave to Remove Guidance for the non-relocating parent
Added to our Indirect and Suspension of Contact Case Law Library – the fourth Minnock judgment
While the judge accepts that as a circuit judge, his decision and opinions in this case do not set precedent above that of senior courts, HHJ Wildblood QC sets out his view regarding the importance of both parents being involved in a child’s life, and that this should only be interfered with in exceptional circumstances and for cogent reasons.
His message to the mother, still missing with the child, is that the court will do everything it can to ensure the child has a continued relationship with both parents. Continue reading Added to our Indirect and Suspension of Contact Case Law Library – the fourth Minnock judgment
Re H-B  EWCA Civ 389 – Disagreeing with Black LJ and Munby
It’s rare that I disagree with a judgment from the President of the Family Court or Lady Justice Black. This however is one such occasion where I feel their judgment is wide of the mark. There are some fundamental failures in the management of this parental alienation case. Continue reading Re H-B  EWCA Civ 389 – Disagreeing with Black LJ and Munby
Added to our case law libraries – W (Children)  EWFC B215
The case was heard in the Chelmsford Family Court. The Guardian supported an order for shared living arrangements and the mother had interfered with the interim contact arrangements leading to the father making a further application for a reversal of residence. Continue reading Added to our case law libraries – W (Children)  EWFC B215
Lying in court and penalties for late filing of evidence
This morning, I was reading the case HU v SU  EWFC 535 published earlier this month. The case has a number of features which are depressingly common:
- Allegations being omitted from earlier statements and the schedule of findings sought, and later fresh allegations embellished and exaggerated in oral evidence;
- Children being involved in parental disputes and influenced by one or other of the parents impacting upon their relationship with the other parent;
- Late filing of evidence.
Continue reading Lying in court and penalties for late filing of evidence
Case Law Additon – M (Children)  EWCA Civ 1147
An appeal against an order refusing contact. Findings had been made regarding domestic violence, but the appeal court found the decision to award no contact to be draconian. Continue reading Case Law Additon – M (Children)  EWCA Civ 1147
New case law – You Can’t Hug Skype
Case Reference: Re R (A Child: Relocation)  EWHC 456 (Fam)
Reposted as we’d originally given a reference of C and B (A Child: Relocation)  EWHC 456 (Fam) and it’s commonly being referred to now as Re R. The neutral citation remains unchanged. Worth reminding yourself of the case, as it still isn’t commonly known, but is very pertinent to leave to remove cases and addressing arguments that Skype contact is a sufficient substitute to face-to-face care.
The mother sought leave to remove to enable her to relocate the child to Hong Kong to take up employment there. This case made headlines (in the Daily Mail) for the observation that Skype was no panacea to a lack of physical contact. The judge observed: Continue reading New case law – You Can’t Hug Skype
Successful Appeal Against No Order for Contact
Case Reference: R (A Child)  EWCA Civ 1664
A successful appeal against the court having ordered no contact with CAFCASS supporting that decision. The lower court had not considered alternatives which might allow the re-introduction of contact. Continue reading Successful Appeal Against No Order for Contact
Guide and Case Law Updates – Leave to Remove
Our first new content for 2015 and updates to earlier content have just been published. Continue reading Guide and Case Law Updates – Leave to Remove
Parental Alienation – The Need for Consistency
The Telegraph today ran an article on parental alienation headlined “We must stop turning children against divorced fathers“.
It’s an area of interest for me, having worked on numerous cases where parental alienation was a factor, and having seen slow change in the courts on how parental alienation is considered and approached. Continue reading Parental Alienation – The Need for Consistency