Cases Archive

James Mulholland led by Richard Harrison KC successfully opposed an application before the President of the Family Division for children to be separately represented by a Solicitor Guardian; they already had representation from a CAFCASS Guardian and Solicitor in a Hague abduction matter and a summary return order had already been made.

Alex Aspinwall appeared for the applicant father in a final hearing set against significant findings of domestic abuse (made at a a fact-finding hearing reported as The Father v The Mother [2023] EWFC 124). The Final Hearing was listed for 4 days and saw cross-examination of two expert witnesses who both gave evidence in support of letterbox contact. Alex sought to persuade the court to make an order for long-term supervised contact and was critical of the professional evidence before the court. He pointed to the section 7 officer seeming to apply a test of ‘fairness’ (as opposed to welfare) and argued that both experts were too absolutist in their conclusions on the father. Both witnesses accepted that they may have been overly absolutist but stuck to their recommendations.ewfc_2024_139

The court made an order that the father be limited to letterbox contact only. Findings were made in respect of his insight and ability to safeguard the children if further contact were to be ordered. The court pointed to Alex’s helpful summary of the law as reproduced at annex 2 of the judgment.

James Mulholland led by Richard Harrison KC of 1 Kings Bench Walk appeared before the President and a Judge of the Upper Tribunal in a successful application for a summary return of two children under the Hague Convention. The Court gave guidance on Hague abduction cases when a parent has made an asylum application.

Alex Aspinwall appeared on behalf of the respondent mother in proceedings brought pursuant to article 12 of the Hague Convention 1980 for summary return of a child to Slovakia. The mother opposed the application and relied on the defence set out in article 13(b) of the Convention.

Alex succeeded in establishing the grave risk of harm (limb one of the test) but the court found that sufficient protective measures existed in Slovakia to mitigate any risk to the mother and child.

Please see here for the judgment.

https://www.bailii.org/ew/cases/EWHC/Fam/2019/3099.html