The father sought contact with his child. It was resisted by the mother. He was a convicted sex offender with offences against young male children. Expert evidence had been obtained, and he wished to challenge it. However, legal aid had been terminated because of the perceived lack of prospect of success in the light of the evidence. The father’s first language was not English and he depended upon an interpreter. The mother now sought the summary striking out of his claim.
Held: The case was not one where it could be said that there were no possible lines for the father’s case to be put so as to challenge the evidence.
Sir James Munby P
 EWFC 7
Cited – Airey v Ireland ECHR 9-Oct-1979
Family law proceedings such as judicial separation do give rise to civil rights. In complex cases article 6 might require some provision for legal assistance, the precise form being a matter for the member state. The Court reiterated the importance . .
Cited – Mantovanelli v France ECHR 18-Mar-1997
Hudoc Violation of Art. 6-1; Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – Convention proceedings
An alleged Article 6 breach has to be considered in the overall context . .
Cited – Re R (Children: Temporary Leave To Remove From Jurisdiction) FD 3-Mar-2014
Lists of cited by and citing cases may be incomplete.
Family, Legal Aid
Updated: 04 December 2021; Ref: scu.526384