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17 results - showing 11 - 17
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While the instruction of experts in family proceedings must be controlled the court should be slow to refuse an application for a second expert opinion in cases such a Non-accidental head injury where certain evidence may be pivotal and by it's nature not easily challenged save for by another expert opinion.

Court: Court Of Appeal (England and Wales)


An appeal was allowed where a Father following the conclusion of Contact proceedings had been injuncted from accessing or disseminating information from the papers. An order was substituted allowing the Father limited access to the papers.

Court: Court Of Appeal (England and Wales)


A judge’s refusal to order shared residence because it would affect the issue of control and power between the parents was held to be unreasonable. The CA decided this was a classic case for shared residence which would reflect the reality of the situation. Court: Court Of Appeal (England and Wales)


The CA upheld a judge’s decision to allow a Father who was primary carer to emigrate with his new partner and the child to Australia. The mother who was not having direct contact with the child had argued that there was no evidence that the Father would be distressed by a refusal.

Court: Court Of Appeal (England and Wales)


n a contact case a judge had misremembered the facts of a case and had developed a polarised view of the parties. He had minimised the significance of the domestic violence and failed to have regard to Re L the seminal authority on domestic violence. He failed to have regard to the reporting officer and the experts view as regards the effect the violence had upon the mother. His decision was flawed.

Court: Court Of Appeal (England and Wales)


A shared residence case – the Court of Appeal supported the making of shared residence orders, even where the relationship between the parents was not especially harmonious.


In 2000 a father applied for a 'joint' (ie shared) residence order, arguing that he was being treated as a second-class Parent by authorities with whom he had to deal regarding the provision of information etc about the children. The mother sought a change in the contact pattern. The trial judge accepted the father's case and made a shared residence order. During the summer, problems arose over the children's return to the mother after a holiday abroad and she applied for an order that contact be supervised or suspended. The judge dismissed the application and ordered her to pay the costs of the hearing. The mother  appealed.

17 results - showing 11 - 17
1 2