Family Law Update – December 2024 by Kimari Storey

Domestic Abuse and Relocation: Court of Appeal Clarifies Key Principles in A Mother v A Father [2024] EWHC 1824 (Fam)

This case revolved around a dispute between separated parents regarding the relocation of their children and the allocation of a joint lives-with order. The mother, alleging domestic abuse, sought to move with the children to another part of the country for greater family support, while the father opposed the move and advocated for shared care.

The key issue in the appeal was the lower court’s failure to adequately assess the impact of the father’s past abusive behaviour on the mother’s mental health and the children’s welfare. The Court of Appeal held that the original judgment did not give enough weight to these factors, which included the mother’s need for family support in her desired relocation area. As a result, the court set aside the lower court’s decision. This emphasises the critical importance of considering the psychological effects of domestic abuse in custody and relocation cases. Further, the importance of following the guidelines set out in Practice Direction 12J, which governs how domestic abuse is addressed in family proceedings was highlighted in the decision.

This reinforces the judiciary’s responsibility to thoroughly evaluate all evidence, ensuring that the welfare of children remains the primary consideration in cases involving domestic violence. This judgment serves as a crucial reminder that family courts must account for the complete context of a parent’s circumstances, including the impact of past abuse, when making decisions that shape the future well-being of children.

R & C (Adoption or Fostering) [2024] EWCA Civ 1302

In this case, the Court of Appeal addressed significant issues shaping the future of UK family law, particularly in adoption and the role of post-adoption contact. The case concerned two young siblings, aged 3 and 2, and whether adoption orders should be granted after being denied by the lower court.

This judgment emphasises the growing relevance of open adoption, where meaningful contact between adopted children and their biological families is considered. It marks a pivotal step toward modernising adoption practices to reflect contemporary understandings of children’s long-term emotional and psychological needs.

The Court highlighted the need to balance a child’s requirement for stability with their right to maintain familial connections. It rejected the notion that severing ties with birth families is inherently in a child’s best interest. Instead, the ruling advocates for nuanced, case-by-case decisions, utilising post-adoption contact to preserve a child’s identity and emotional well-being.

This decision underscores the judiciary’s duty to assess a child’s full circumstances before issuing adoption orders. It also calls on local authorities and courts to carefully evaluate the potential benefits of contact arrangements, especially where a complete severance may not promote a child’s welfare.