Cases Archive

Disclosure — Serious sexual abuse allegations against the father — Contact with child suspended — Accuser suffered poor mental and physical health — Whether the balance fell in favour of disclosure

President’s judgment concerning delay and ultimate refusal by the LSC to grant prior authority for the instruction of an independent social worker to perform a parenting and risk assessment of parents. The President provides Guidance on seeking prior authority from the LSC for instructing an expert witness in family proceedings.

Further consideration of Art 13(b) of the Hague Convention 1980 in case where client resisting return of a toddler to Australia had a pre-existing anxiety condition and Applicant had admitted domestic abuse.

The family lived in France. The mother (who was English) returned to England with the child with the father’s consent. The mother and father issued proceedings in England and France respectively — the question for determination was: which country was seised of the matter? Consideration was given as to which country was best placed to determine welfare issues

Nullity petition: application to determine whether an Islamic wedding ceremony took place and, if so, its legal effect in English law (if any). Held: (1) that there was a ceremony; but (2) this was a non-marriage and not a void marriage. Nullity petition dismissed.

Appeal against findings of fact made in care proceedings. Appeal dismissed.

Fact-finding hearing in care proceedings involving a Nigerian child, where the parties claiming to be her parents were found not to be.

Care proceedings – Unfavourable viability assessment of grandmother – Grandmother not served with a copy and out of the country at the time – Whether she should have been granted party status in order to challenge the assessment.