Stowe comment: Naming and shaming in custody battles

Children|February 1st 2019

It was with interest that I noted a piece in The Times today about a High Court judge ordering that a wealthy mother is identified after she refused to return her daughters from the Ukraine to their home in London.

This latest High Court case is interesting as it evidences the court’s increasing frustration in cases where parties disobey court orders

There has been talk of the court now relaxing the strict rules on children cases preventing the publication of the names of the parties in cases where it is clear that a party in the proceedings has deliberately disobeyed or frustrated a court order.

The court does have powers to enforce an order where it is breached but these are limited to financial penalties, unpaid work in the community or in very serious cases the imposition of a prison sentence.

This latest decision clearly shows that the courts are prepared to flex their muscles more robustly in cases where orders are breached.

I am interested in how this one plays out.

Mark Christie
Senior Partner at the Stowe Family Law, Harrogate office.

Author: Mark Christie

Mark Christie is the head of Stowe Family Law’s dedicated Children’s Department. Mark has specialised in family law for more than 30 years and provides clients with a wealth of practical experience.

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