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The President’s judgment in Q v Q, Re B (A Child) and Re C (A Child) [2014] EWFC 31 – thinking through the implications

Date:1 SEP 2014
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Barrister and Mediator
Barrister
The bare facts in two of these three cases (Re B and Re C) are strikingly similar but they are no doubt not unique. There will be other cases with different facts but involving equally grave allegations and complex issues and which require a forensic approach and an understanding of the potentially significant legal consequences of the court’s determination of such allegations within family proceedings – significant both for a parent found responsible of gravely abusive and potentially criminal conduct or for a parent found to have fabricated such allegations. In either instance there is potential for far reaching ramifications – perhaps an effective termination of a direct relationship with a child or a change of residence – and beyond the specific dispute about this child child protection concerns may impact on the care of other children by that adult or criminal proceedings may follow.

Notwithstanding the scrutiny by Parliament of the provisions of LASPO 2012 (including s 10 – exceptional funding) there are...

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