After a family break up there had been continued litigation, and a refusal to comply with court orders by the mother. Eventually, the contact between mother an children all but broke down. There were three children. As the two elder children in turn reached majority, they went back to live with their mother, but allegations were made against and not denied by the mother. An order had been made for the mother not to make further applications. On a further application having been made, and failing, the judge having imposed on her a burden of proof, he awarded costs against her. The mother appealed saying that she should not have been asked to meet this evidential burden.
Held: The burden of proof was incorrectly placed upon the mother. It was for her to demonstrate a need for renewed judicial investigation, no more.
Judges:
Lord Justice Hirst, Lord Justice Thorpe
Citations:
[1997] EWCA Civ 2252
Statutes:
Children Act 1989 10(9) 91(14)
Jurisdiction:
England and Wales
Citing:
Cited – Re A and W (Minors) (Residence Order Leave to Apply) 1992
. .
Lists of cited by and citing cases may be incomplete.
Children
Updated: 09 November 2022; Ref: scu.142649
