Family Law Hub

Children

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  • Contrary to court orders, the father had wrongfully taken his son – a young man of nineteen with profound learning disabilities – to live in the USA. The mother sought an order for his return to the UK. Russell J DBE held that there were grounds for finding that a return to the UK was not in the young man's best interests. The child's future as an adult lay in the USA and these proceedings were to come to an end in recognition of that fact. The appropriate forum for any future litigation was the court in Texas. Judgment, 15/04/2019, free
  • The father appealed against an order which prevented him from bringing further applications for contact or residence for three years. The judge had found that the children would suffer emotional harm if required to have direct contact with the father, who had completely lost sight of their welfare. Longmore, Peter Jackson and Coulson LJJ dismissed the appeal. Judgment, 09/04/2019, free
  • The father of a twenty-one-year-old woman, who had served time in prison for his behaviour towards the mother, sought to vary a non-molestation order that prevented him contacting the daughter. The daughter was opposed to any contact, other than through her solicitors. Williams J saw no merit at all in the application. Judgment, 09/04/2019, free
  • The father appealed from a finding that he had sexually abused his daughter, on the basis that the judge had failed to apply the relevant legal principles to the evaluation of the child's evidence. Williams J found that the judgment was flawed and remitted the matter for further hearing, stating that "in relation to allegations of sexual abuse of young children the court must not only deploy the generic fact-finding approach but must in particular identify the need for special care to be taken in evaluating the reliability of the evidence of young children". Judgment, 03/04/2019, free
  • Parental responsibility after the separation of an unmarried same-sex couple who were not in a civil partnership, in circumstances where the prescribed HFEA forms were not completed due to an error at the IVF clinic. This had consequences for maintenance assessments and the child arrangements order. Theis J made the declaration of parentage sought by the applicant. Judgment, 29/03/2019, free

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