Latest updates
- The father applied for a summary inward return order in respect of a boy, one of three children, who was taken by the mother to both parents' native country of Sierra Leone and left there with her family. The mother cross-applied for an order permitting her retrospectively to relocate the boy. Mostyn J was also asked to make child arrangements orders regulating contact between the father and all three children. The father had not seen any of the children for three years. The mother alleged domestic abuse, and that the son had been involved in South London gang culture. The Cafcass officer recorded that the boy's emphatic wish was to remain in Sierra Leone until his education to GCSE level was complete. Mostyn J stated that the wishes of a Gillick-competent child on a particular issue, where they are not objectively foolish or unreasonable, should normally be given effect, and he was not satisfied that the child's wishes in this case were objectively foolish or unreasonable. The father's application for summary return was dismissed and the mother's application was granted. There would be supervised contact with the children, virtual at first, given the coronavirus, with the sessions recorded and the mother at liberty to stop them if the children became distressed. Mostyn J also commented on various procedural aspects of the case. Judgment, 18/05/2020, free
- The son had been the subject of litigation between his mother and his father in both India and England. The mother sought an order for the child to live with her in England, the father that the child live with him in India. The Guardian supported the mother's proposal. Williams J stated that the father's proposal was fundamentally undermined by the lack of any realistic means of implementing it in the short to medium term. The mother's proposal would best promote the child's welfare. The child would therefore live with the mother and spend time with the father in England, but he would not be allowed to travel to India with either parent until such time as a mirror order was in place there and all Indian litigation over him had ceased. Judgment, 17/03/2020, free
- The mother applied for permission to relocate the daughter permanently to Kazakhstan, the mother’s home country. The legal test to be applied was the principle of the paramountcy of the child's best interests. Mostyn J's conclusion was that the mother's application was premature, and should not be granted before an internal relocation to London had been tried. He also ordered that the case be transferred back to the Family Court, the circumstances having not justified its transfer to the High Court. Judgment, 27/11/2019, free
- The children lived in England with their mother, an English journalist, and had regular and extended contact with their father, a Dutch government worker. The father applied to relocate the children to the Netherlands. Both were described as exceptional parents by the CAFCASS officer, who thus made no recommendation either way. HHJ Moradifar found both parents charming, intelligent and focused on their children's welfare, which was the paramount consideration. A lack of justification for interference with the current living arrangements led to the husband's application being dismissed, but the judge made a "joint live with order" that the children should live with their father during substantial parts of the holidays. Judgment, 12/11/2019, free
- The mother appealed against an order that she pay £109,394 in respect of the father's costs of a previous appeal. She had dropped that previous appeal after an attempt to bribe a Russian police officer (to instigate criminal charges against the father) led to her imprisonment. King LJ found that the judge had the jurisdiction to make the order for costs, and had made a decision within the ambit of his discretion. However, counsels' fees were unreasonable, and the appeal was allowed on that ground. The sum to be paid was reduced to £78,144. Underhill LJ and Moylan LJ agreed. Judgment, 22/07/2019, free
Latest know-how
- In a tweet: Unsuccessful application brought by M to take children on holiday to China Case note, 19/01/2018, members only
- Father's application to have direct contact with the child and mother's application to remove the child permanently from the UK. Case note, 28/07/2017, members only
- In a tweet: Parental alienation case that may yet see the children's residence switched Case note, 11/05/2017, members only
- In a tweet: High Court exercises jurisdiction in mother's retrospective application for leave to remove children to Spain Case note, 07/11/2016, members only
- Mother's appeal against an order refusing her to relocate to New York with the 2 children Case note, 20/01/2016, members only
Latest training
- Recording of webinar first broadcast on 21st March 2019 Webcast, 26/03/2019, members only
- Recording of webinar first broadcast on 23 November 2018. Webcast, 29/11/2018, members only
- Roshi Amiraftabi of 29 Bedford Row, reviews the key private children law cases, themes and practice developments from the past 12 months. Webcast, 31/05/2018, members only
- Recording of webinar broadcast live on 23 February 2017. Webcast, 02/03/2017, members only
- In this webcast, which was recorded on 1 September 2016, Charlotte Trace, barrister at 29 Bedford Row, takes us through how to make private law Children Act applications, principally applications under section 8 of the Act (namely for contact, residence, specific issue and prohibited steps orders) and applications under section 11 for contact activity directions and conditions, and for enforcement. Webcast, 02/09/2016, members only