Family Law Hub

O (A Child) [2012] EWCA Civ 1576

  • In brief:  Here the court had to consider whether a nine-year old should be joined as a party to private law children proceedings or whether her updated wishes and feelings should be sought and reported on by CAFCASS only.  

    The mother ("M") had been granted permission to relocate to Ireland with the child. The father ("F") appealed. Within the appeal, M and F agreed that the child's wishes and feelings should be sought prior to the Court of Appeal's determination. F invited the court to join the child to the proceedings. M suggested that the child should be seen by a CAFCASS officer only. Taking into account proportionately, McFarlane LJ held that the child should not be joined to the proceedings and that CAFCASS should report instead.

Case note, published: 08/01/2013

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Published: 08/01/2013

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