After a divorce, the father sought a joint residence order for the two young children. The mother alleged sexually inappropriate behaviour by the father. The court found this allegation clearly untrue. The dispute was bitter and protracted.
Judges:
Mr Justice Wall
Citations:
[2004] EWHC 142 (Fam)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – In re H and R (Minors) (Child Sexual Abuse: Standard of Proof) HL 14-Dec-1995
Evidence allowed – Care Application after Abuse
Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still . .
Cited – In Re D v D (Children) (Shared Residence Orders) CA 20-Nov-2000
Three children, after their parents’ separation, spent substantial amounts of time with each, despite the acrimony between their parents and frequent court applications. The father argued that without a shared residence order he was treated as a . .
Cited – Re A (Children) (Shared Residence) CA 2002
There were three children, a boy and two girls. The girls lived with their mother and the boy lived with his father. The boy was unwilling to see his mother, and was not doing so. The father appealed a shared residence order in her favour.
Cited – Re F (Shared Residence Order) CA 2003
A shared residence order had been made for two small children, even though the parents lived a considerable distance apart.
Held: The decision was correct. The distance did not prevent dividing the children’s year between the two homes. A . .
Cited – Re M (Intractable Contact Dispute: Interim Care Orders) FD 2003
The mother had persuaded her children of the lie that their father had physically and sexually abused them, and that their paternal grandparents were also a danger to them. She would not allow any contact with them, and disobeyed court orders for . .
Cited – Re P (Section 91(14) Guidelines) CA 1999
. .
Cited by:
Cited – F v M FD 1-Apr-2004
The court considered the ‘ongoing debate’ about the court’s role in contact disputes. ‘this case illustrates all too uncomfortably the failings of the system. There is much wrong with our system and the time has come for us to recognise that fact . .
Lists of cited by and citing cases may be incomplete.
Children
Updated: 09 June 2022; Ref: scu.192628