Family Court judgments 2020
In an appeal against an earlier judgment by Justice Robin Tolson on 8 August 2019, Justice Alison Russell found that Robin Tolson was wrong to rule that sex without consent was not rape because the woman did not physically resist.
Reported in The Guardian, The Independent, Daily Mail and Telegraph.
There are now calls for family court judges to receive training in how to handle sexual assault allegations. And on 19 February 2020 more than 130 family law professionals signed an open letter protesting about the case.
Barrister Lucy Reed of the Pink Tape blog observed that President of the Family Division, Sir Andrew McFarlane’s confidence in his judges needs to be questioned.
Note that Robin Tolson was the judge who dismissed a mother’s allegations of abuse in L [2019] EWHC 867 (Fam), leading to President of the Family Division, Andrew McFarlane, to order a transfer of residence of the child to his father in Northern Ireland.
The Family Court Does Not Understand Domestic Abuse, Louise Tickle and Hannah Summers, Right to Equality, 17 January 2024 (first published in the December 2023 edition of the Family Law Bar Association magazine, Family Affairs):
“And remember the young mother who was effectively told by HHJ Tolson that rape wasn’t rape if she didn’t fight back, who successfully appealed, and then won findings on all but one minor allegation in a re-hearing Louise attended, presided over by Mrs Justice Judd? Her rapist has been back to court asking for increased contact, and has got it. The mother is, understandably, stressed and worried. Their child is very young. Is this to be her life for the next decade and a half? Or will she get a barring order? It doesn’t look very likely given that the woman who killed herself didn’t.”
Re H (parental alienation); [2020] 1 FCR 17
I can’t find this on Bailii or anywhere.
Y and X (Children) [2020] EWFC 15
Judge: Gwynneth Knowles
4 March 2020
Judge: Martin Dancey
Experts: Ian Stringer and Dr Jefferis
Mother claims she and daughter are alienated from younger daughter by father and step mother. This is a follow on from a transfer of residence of the younger daughter to the father and stepmother because the mother and older daughter maintained a belief that the father had sexually abused the mother’s elder daughter. [2019] EWHC 612. Appeal against an order by Judge James Meston (who subsequently retired on 11 February 2020) stopping all contact between the mother and younger daughter. Appeal dismissed.
In January 2023, following his retirement as a judge, Martin Dancey joined 3PB barristers chambers.
A and B (No. 2)(SGO)(domestic abuse no direct contact to father) [2020] EWFC B15
6 March 2020
Judge: Joanna Vincent
Expert: Professor Perkin
Mother took her own life and died on 6 February 2019, because of the stress of the proceedings in A and B (No. 1)(domestic abuse no contact to father) [2019] EWFC B87. Father was coercively controlling and accused the mother of parental alienation. He asked the court to appoint the Family Separation Clinic, but got Professor Perkins again, who understood exactly what he was.
Followed by A and B (No 3)(domestic abuse - no direct contact - s91(14) [2023] EWFC 192 (B), 11 October 2023
The Family Court Does Not Understand Domestic Abuse, Louise Tickle and Hannah Summers, Right to Equality, 17 January 2024 (first published in the December 2023 edition of the Family Law Bar Association magazine, Family Affairs:
“
Re S (Parental Alienation: Cult) [2020] EWCA Civ 568
29 April 2020
Judges: Lord Justice Peter Jackson, Lady Justice Eleanor King, Lord Justice Richard McCombe
Universal Medicine cult. Transfer of residence.
BBC Radio 4 File on Four: Am I in a cult? 28 November 2021
Re S (Parental Alienation: Cult: Transfer of Primary Care) [2020] EWHC 1940 (Fam)
15 July 2020
Judge: David Williams
R v P (Children: Similar Fact Evidence) [2020] EWCA Civ 1088
18 August 2020
Judge: Frances Judd
18 November 2020
Judge: Frances Judd
Counsel for father: Richard Jones
Judd allowed the father’s appeal against Judge Lea’s order for indirect contact only, on the advice of Dr Kennedy, consultant child psychiatrist.
[2020] EWHC 3366 (Fam) to be read in conjunction with A and B (Parental Alienation: No.1, No.2, No.3 and No.4)
25 November 2020
Judge: Michael Keehan
Psychologist: Julet Butler
Parental alienation “experts”: Janine Braier and Karen Woodall
27 November 2020
Fact finding overturns previous findings by Justice Robin Tolson.
3 December 2020
Judge: Joanna Vincent
F v M (private law fact finding) [2020] EWFC B71
7 December 2020
Judge: Joanna Vincent
Children’s guardian: Ruth Palawiya
Francesca Wiley instructed by Helen Fitzsimons for the applicant father.
L (Children) (Domestic Abuse: Stranding/Abandonment) (Continuing Risk of Emotional Harm)
7 December 2020
Judge: Darren Howe QC
The father unsuccessfully alleged that the mother was alienating him from the children.
13 December 2020
Judge: David Willans
Expert: Trish Barry-Relph
Trish Barry-Relph diagnosed parental alienation and recommended a transfer of residence, but the judge disagreed that there was yet sufficient evidence of parental alienation.
18 December 2020
Judges: Jonathan Baker, Christopher Floyd, Richard Arnold
Expert: Alice Rogers
Independent Social Worker - Francisca Serrette
A 15 year old autistic boy was removed from the care of his father into a local authority bridging placement because the father was found to be alienating him from his mother. The boy’s solicitor concluded that he was not competent to instruct her.
Judge: Mary Rose Gearty
Expert: Dr McIntee (Jeanie McIntee)