Family Law Hub

Residence

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  • The father applied for a transfer of residence, stating that his relationship with the children, aged 10 and 11, would constantly be thwarted if they remained with their mother. The mother had covertly recorded various meetings, including one between the children and the Guardian. The creation and modification dates of documents did not align with the dates on which she claimed to have supplied the documents. HHJ Bedford was also satisfied that she had deliberately misled education professionals involved in the children's lives, perpetuating allegations which had been tried and dismissed by the judiciary. Her interference in their relationship with their father had caused them emotional harm and would continue to do so, as long as she parented them solely. During an interval at court, and being aware of HHJ Bedford's findings, the parents agreed to share the care of the children on alternating fortnights, and the Guardian endorsed this plan. HHJ Bedford thus made a suspended residence order: complete transfer of residence to the father would take place only if the mother defaulted from their agreement. Judgment, 02/12/2019, free
  • The judge had ordered a change of residence for the son, but there had been direct communication between the judge and the National Youth Advocacy Service without the parents' knowledge, including a telephone conversation during a break in the hearing. Newton J understood how the judge reached the conclusions which she did, but the hearing was fundamentally flawed and the appeal was allowed. Judgment, 26/06/2019, free
  • The father applied for the summary return to Germany of his two-year-old daughter, after the mother did not bring her back from a holiday. However, the father had not applied in the German courts for custody or contact, nor had the mother applied for custody, and Mostyn J criticised them for instead "devoting all their forensic energy to fighting this procedural battle". He found that the father had acquiesced in Article 13.1(a) terms to the daughter's continued living in the UK, and it would be precipitate to order her summary return before the matter had been brought before a German court. Judgment, 03/06/2019, free
  • An order had been made transferring the boy's home to that of his father in Northern Ireland, because maintaining the placement with his mother and grandmother would cause him emotional harm. The situation did not rise to the level of parental alienation, but the child was unable to speak positively of his father in the maternal home. The mother appealed, arguing that there had been procedural irregularity, the decision to transfer residence was premature, and the conclusions on the balance of harm were wrong or insufficiently evidenced. Sir Andrew McFarlane, President of the Family Division, found that none of the challenges made on her behalf had been sustained. The appeal was dismissed. Judgment, 09/05/2019, free
  • The father sought an order for the summary return of the daughter to Israel. The mother claimed that this would subject the daughter to a grave risk of exposure to physical or psychological harm or otherwise place her in an intolerable situation. MacDonald J disagreed. Asked to consider previous findings involving the same father, he said that the court should be cautious about importing judicial observations made in the context of a different relationship and factual framework. He considered that the mother's actions constituted a premeditated and blatant act of child abduction, intended to circumvent the due process of the Israeli courts, and ordered the daughter's summary return in time for the new school term. Judgment, 08/05/2019, free

Latest know-how

Latest training

  • Piers Pressdee QC of 29 Bedford Row reviews the major developments within the private children law field in the last year. He focusses on the case-law, identifying the key decisions and seeking to set that case-law within context. Webcast, 24/02/2016, members only
  • Webinar recorded on 15 January 2015. Dafydd Griffiths of 29 Bedford Row reviews the private children law cases of 2014 and picks out some themes to look out for in 2015. Webcast, 15/01/2015, members only
  • Webcast on recent developments in private children law. Webcast, 16/10/2013, members only
  • A recording of a talk given by Lynsey Cade Davies of 29 Bedford Row on 15 August 2013 Webcast, 23/08/2013, members only

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