Family Court Reports

Andy Hill, Head of Legal Publishing

January 8, 2021

The latest update to Family Court Reports is now live for subscribers.

This update includes:

Re A (children): [2021] 1 FCR 1

Care proceedings – Disclosure – Documents filed in care proceedings being disclosed to police – Confidentiality – Public interest considerations – Whether disclosure of care proceedings to police being treated as equivalent to disclosure by police into care proceedings – Distinction between self-incrimination and right to silence – Value of Re EC checklist.

Re KN (a child) (art 15 transfer): [2021] 1 FCR 14

Care proceedings – Article 15 transfer – Request of court’s own motion – French national with French mother in temporary residential placement in England – Substantial advantages to case remaining in England included professional involvement over two years and avoiding further delay – Whether ultimate advantages of placement in France justified transfer – Lack of notice to parties – Requests for information under art 55 BIIA – Involvement of ICACU – Confusion over role of French authorities and role of English local authority – Review of use of arts 55 and 56.

Re S (a child: finding of fact): [2021] 1 FCR 39

Care proceedings – Fact-finding – Medical evidence – Full analysis required – Preference for a witnesses evidence over conflicting evidence to be reasoned – Practical review of evidence – Real possibility that cannot be discounted reference suggested importation of ‘pool’ finding into fact-finding process – Burden of proof not reversed by challenges to parents’ account.

Secretary of State for the Home Department v RH: [2021] 1 FCR 48

Children arrangements – Allegations of abuse – Disclosure – Asylum records relating to mother’s successful claim – Pending asylum claim for child – Child’s best interests – Balancing exercise required – Procedure to be adopted – Strict limits on any non-disclosure – Disclosure to ‘persecutor’ – Confidentiality arguments.

WS v KL: [2021] 1 FCR 81

Children arrangements – Relocation – International relocation – Welfare analysis – Proportionality evaluation – Requirements – Careful examination of parental wishes and interests – Holistic evaluation – To include impact on children of changed relationship with left-behind parent – Consideration of how relocation proposals would promote relationship with left-behind parent.