Latest updates
- HHJ Wildblood QC decided that this heavily anonymised judgment should be released for publication, because it was in the public's interest to see badly wrong things could go in cases of parental alienation. There had been a failure here to identify the problem before the damage was done, and early intervention was essential. Indirect contact was of limited use in such cases. The extent of the children's alienation from the father had been underestimated, and now, following a failed transfer of residence, he had no contact with them at all, and had withdrawn proceedings to prevent further distress. In this hearing HHJ Wildblood QC gave the local authority permission to withdraw their public law proceedings. Judgment, 21/10/2019, 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 mother made an application under the Hague Convention for the return of the son to New Zealand. The father had expressed concerns about the child's well-being in his mother's care. Darren Howe QC had to proceed on the basis that there was a risk of harm, but he noted that there had been improvements in the mother's parenting, and accepted her undertaking to prevent contact between her partner and the child. The father had not proved a grave risk of harm or an otherwise intolerable situation for the son and the defence therefore failed. An order would be made for the return of the son to New Zealand. Judgment, 08/05/2019, free
- The court concluded that the child was not of sufficient understanding to conduct an appeal, in relation to who she lived with, without a children's Guardian. Judgment, 19/03/2019, free
- An anticipatory child arrangements order was made in favour of the father, despite the child wishing to return to live with the mother, in circumstances where the child was being held under the Mental Health Act and the mother was bedbound. Judgment, 24/05/2017, free
Latest know-how
- Mother's appeal against an order which transferred sole residence of the child to the father. Case note, 28/07/2017, members only
- In a tweet: High Court should have the power to set aside a return order made under Hague Convention 1980 Case note, 12/01/2017, members only
- In a tweet: Pre-death decision making Case note, 23/12/2016, members only
- In a tweet: Proper adherence to Re W will see more children giving evidence Case note, 20/09/2016, members only
- In a tweet: A reminder of the principles to apply when considering whether to make a child a party to Hague Convention proceedings Case note, 15/09/2016, members only
Latest training
- Recording of webinar first broadcast on 21st March 2019 Webcast, 26/03/2019, members only