Cases Archive

Following an application by the mother to relocate to Poland (from London), the Judge undertook a finely balanced and holistic exercise when comparing the options available to the court. Whilst case law is clear that there is no presumption in favour of the relocating parent, the Judge concluded that the scales weighed in favour of the mother and child relocating.

The case was of particular significance as it was published against a paucity of judgments regarding relocation. The Judge helpfully summarised the relevant legal principles. The significance of this case may evolve as it is currently subject of an appeal.

Fact-finding hearing at the High Court, at which serious findings were made of rape and threats to kill. Despite the father denying each and every allegation, following lengthy cross-examination, all allegations were proved. The court found that the father had created aliases, from which he had made threats to the mother, her family, her legal team, court staff and members of the judiciary.

The case is significant, not least because of the interesting factual matrix, but because the judgment deals with the complexity of navigating allegations of abuse with a perpetrator who suffers from severe mental health difficulties.

Tatiana recently appeared in the High Court, representing the mother at final hearing following the fact-finding hearing in May 2024. The court was faced with a complex factual matrix and had to grapple with the difficult question of whether the father should be stripped on his parental responsibility. The Judge considered the relevant statute and case law in respect of the termination of parental responsibility and was persuaded to terminate the father’s parental responsibility. The court made a final child arrangements order for no contact between the child and father, and a s91(14) barring order until the child reaches 16 years of age.

David represented a party who, having been registered as the child’s biological father, was subsequently demonstrated not to be. The question was whether a welfare analysis is required before the party’s parental responsibility may be removed.

The court was concerned with 4 appeals from orders made in private law Children Act 1989 proceedings each of which involved allegations of domestic abuse. As well as deciding each of the appeals upon well-established legal principles, the court took the opportunity to give some guidance about a number of matters which commonly arise in the Family Court in such cases.