MFS (Appeal: Transfer of Primary Care) [2019] EWHC 768 (Fam) (29 March 2019)

This was a fact-specific case where Mr Justice Williams refused appeal against the decision to transfer residence of boy (aged 8) from the Mother to the Father, where the order had already been implemented and the Mother's appeal was lodged out of time.  There was detailed analysis by the court of principles re role of experts plus significant emotional harm caused by parental alienation.

HHJ North had made the order transferring the primary care of the boy (aged 8) from the Mother to the Father on 28/09/18, following recommendation by expert reports which had concluded the boy had suffered emotional abuse due to the Mother alienating the Father.  The child moved to live with the Father that day.

The Mother was late in putting in an appeal due to instructing new solicitors and Counsel and due to administrative delays between November 2018 and March 2019. 

In her appeal, the Mother had argued that the removal was disproportionate and that the expert had strayed beyond his area of expertise, had resolved questions of disputed facts and had not taken into account all material facts

The delay was identified as a serious problem by Mr Justice Williams and he would not grant an extension but this did not matter as he was dismissing the whole application as he disagreed with the points of appeal.

The full judgment can be read here.

If you have any questions regarding this summary case law please contact Amanda here.

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