Family Law Hub

CS v FB [2020] EWHC 1474 (Fam)

The proceedings concerned a seven-year-old girl, born in Brazil, and both parents were Brazilian nationals. In 2016 the mother had asked permission to take the child to Belgium on holiday, but instead came to England and had stayed here since, albeit without leave to remain. The mother told the court that she had no issue with the child being returned to the father's care, and a question arose as to whether she had capacity to conduct the proceedings. However, the expert evidence needed to determine whether she lacked capacity to conduct them could not be funded until she had been declared to lack capacity. Mostyn J thus made an interim declaration that she lacked capacity. The Official Solicitor would be appointed the litigation friend of the mother, and would then determine, with the benefit of expert evidence, whether the interim declaration should be converted into a final declaration.

Judgment, published: 12/06/2020

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Published: 12/06/2020

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