Care proceedings were under way. The mother objected to the disclosure of certain materials to the father, saying that they were extremely sensitive, and would threaten her relationship with him. She appealed against an order allowing it.
Held: The judge had erred, and had not taken proper account of expert evidence suggesting that there would be a real risk to the mother. The principles of non-disclosure might now have to be extended to other people whose Convention rights might be violated by disclosure.
Judges:
Wilson, Etherton, Sullivan LJJ
Citations:
[2009] EWCA Civ 1057, [2010] 2 FLR 1757, [2010] 3 FCR 202, [2010] Fam Law 1063
Links:
Statutes:
European Convention on Human Rights 8
Jurisdiction:
England and Wales
Cited by:
Cited – Durham County Council v Dunn CA 13-Dec-2012
The claimant wished to begin a claim alleging historic sexual abuse while he had been at an institution run by the defendants. The claimant sought pre-trial disclosure of various documents and the court now considered the principle applicable, and . .
Cited – In re A (A Child) SC 12-Dec-2012
A woman, X, had made an allegation in confidence she had been sexually assaulted as a child. The court was asked whether that confidence could be overriden to allow an investigation to protect if necessary a child still living with the man. Evidence . .
Lists of cited by and citing cases may be incomplete.
Children, Human Rights
Updated: 24 August 2022; Ref: scu.423787