All Things Family Law

Parental alienation is very serious. It undermines the very fabric of a child’s emotional well being. But it is complex. The court must assess all of the evidence. Why does the child not want to see the other parent? Is it justifiable? Have they witnessed abuse? Is this creating a distorted sense of loyalty to one parent? Or is the child a pawn in a game? These are just a few of the questions that need to be considered. As a family lawyer I can say that I have been on both sides of the fence. Whilst of course the evidence and how you present it is key, a crucial element to any such case is the observations of Cafcass (they are the eyes and ears of the court and will advise the court). Set out below is a tool kit applied by Cafcass as behaviours indicative of alienation. Typical behaviours exhibited by a child where they have experienced alienating behaviours

Last week I represented a Father in an application made by the Mother for permission to permanently remove their children from the country. The final hearing was listed for five days. I would like to use this blog to briefly summarise the law as it now stands in this area and to address the old age question as to whether   a Father get a rougher ride than a Mother in cases concerning children. Does gender bias exist? The extensive arguments filed on the applicable law reinforce how the higher courts have now (helpfully) unified the approach that should be taken in these cases. We now have clarity.   Without getting too bogged down in the law, the decision in a case known as Re F (a child) (International Relocation Cases) [2015] EWCA Civ 882 essentially says the court should now adopt a ‘holistic view’ of the children’s welfare. As part of the overall welfare consideration the court needs to place appropriate weight on the strength of the relationship between the Fa...

    Reading that Louis Van Gaal has decided to break from Man Utd’s usual tradition of staying in a hotel by allowing the players to stay at home on Christmas night reminds me how difficult it is for football players over the festive break. Before you shoot me down in flames with the usual ‘well they get paid loads of money’ – true as that is (for a small proportion of players) – actually, having children myself, my view is that no money can replace being away from your children and family on Christmas. That thought leads me on to other points.... Many people really do not appreciate the sacrifices a footballer makes. Of course, before I proceed, I am not minimising how difficult it is for those millions of families struggling to heat their homes and put food on the table over Christmas, but that in itself does not mean there should be a complete lack of appreciation for the life of a footballer. Take a footballer playing for a club in Europe – perhaps the Eu...