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Success for Family and Children Law Department at Osbornes in the Family Court, High Court and Supreme Court

Solicitors in London

News article published on: 22nd June 2016

Below is a brief summary of the cases reported on in June 2016 where lawyers in the family and children department at Osbornes have acted for clients.

A, L and R (Children), Re [2016] EWFC B40 (3 May 2016)

Her Honour Judge Mayer made an interim care order to remove a child from the mother because she consistently breached Court orders for  the father to have contact.   This case concluded with oldest child being placed in his father’s care.

Maria Kitsiou, expert children lawyer at Osbornes acted for the children.

Click here for the full judgement

[2016] EWHC 532 (Fam)

This case involved serious allegations of abuse against the father,  made by both the mother and two children. The case was heard before Mr Justice MacDonald in the High Court who in his findings ruled that none of the allegations made by the mother to be proved, and in fact found them to be false. With regards to the allegations made by the children, it was found that they originated by the mother placing unwarranted emotional pressure on the children by herself making false allegation known to the children, by inappropriately involving the children in adult discussions and by, on occasion, actively coaching the children to make allegations.

Simone McGrath, who specialises in children law, including child abduction represented the father in this case.

Click here for the full judgement

You can also read an excellent summary of this case in the ‘civil litigation brief blog’ and ‘suspicious minds blog’

D (A Child), Re [2016] UKSC 34

The mother of the child opposed the recognition and registration for enforcement in England of a custody judgment that had been made in favour of the father in Romania.

The High Court had refused to recognise and register that judgment (Re D. (Recognition and Enforcement of Romanian Order) [2014] EWHC 2756 (Fam); [2015] 1 F.L.R. 1272) and an appeal by the father against that refusal had been dismissed by the Court of Appeal (In the Matter of D. (A Child) (International Recognition) [2016] EWCA Civ 12).

The particular ground for non-recognition that had been upheld by the Court of Appeal was that the relevant judgment of the court in Romania had been made without the child having been given an opportunity to be heard, in violation of the fundamental principles of procedure of England and Wales.

The father was granted permissions by the UK  Supreme Court to pursue a further appeal to that court.

At that point an issue was raised on behalf of the mother as to whether jurisdiction for such a further appeal actually existed.  On 23 May 2016 the Supreme Court conducted a hearing of that Preliminary Issue and at the end of that hearing the father’s appeal to the UK Supreme Court was struck out for want of jurisdiction (a reasoned judgment will be provided by the Supreme Court at a later date).

Simone McGrath, who specialises in children law, including child abduction represented the father in this case.

Click here for the full judgement

To speak to a member of the family law team about your case contact us by calling on 020 7485 8811 or by filling in our online enquiry form.

 

 

 

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