KV v KV (No 2) [2024] EWFC 359 – Family Court Rules on Jurisdiction and Forum

Heard in the Family Division of the High Court of England and Wales: Facts & Procedure The appeal concerned a residence / weekday-living arrangements for two children (Child A aged 8, Child B aged 7) following separation of the parents. The mother (Respondent) had relocated with the children from County X to County Y without giving prior notice to the father (Appellant). The father remained resident in County X; the distance between the two homes was approximately 70 miles. Ahead of the hearing, a report (and an addendum) under s.7 of the Cafcass / by a Family Court Adviser (FCA) recommended that the children remain living with the father during the school week and with the mother at weekends, with an additional mid-week overnight contact with the mother in recognition of the distance. The Recorder (Judge Clapham) however ordered that during school term time the children would live with the mother from Monday morning (delivery to school) until Friday evening, and with the father from Friday evening until Monday morning, and the children would attend the school in County Y. The father appealed. The High Court (MacDonald J) dismissed the appeal. Legal Issues Key issues raised on appeal included: Whether the Recorder had erred in departing from the FCA’s recommendation without giving adequate reasons. Whether the Recorder placed disproportionate or improper weight on the children’s wishes and feelings (given their ages, possible parental influence, and the impact of parental conflict). Whether the Recorder failed to adopt a holistic approach to the relocation and contact/weekday residence issues (particularly the impact on the relationship with the father of shifting weekday residence). Judgment & Reasoning Departure from FCA recommendation The court reiterated the established principle: while the FCA (or welfare officer) recommendation is important, the judge is not bound to follow it — the court must make its own decision having considered the welfare of the children, but if departing from the recommendation the judge must give clear and adequate reasons . The Recorder explicitly addressed the FCA’s report and the addendum, summarised and engaged with the evidence (including CPOMS school records that showed Child A was sad and missed the mother). The Recorder made specific factual findings (unchallenged on appeal) including a finding that the father had not facilitated additional telephone contact between the children and the mother (contrary to his evidence) and that the children had become familiar with the new county and attending school in County Y. The Recorder enumerated reasons for his different conclusion from the FCA recommendation, including: changed circumstances since the FCA’s report (both parents had moved, children had settled) impracticality of mid-week overnight contact given the 70 mile distance children’s consistent wishes supported by letters and CPOMS entries the father’s lack of cooperation regarding indirect contact the Recorder’s assessment that the children were familiar with both locations and the new school. On appeal, MacDonald J found the Recorder’s reasoning clear and adequate , grounded in evidence, and thus within the scope of reasonable discretionary decision-making in children proceedings. Children’s Wishes and Feelings The children had expressed wishes orally and in written letters. The Recorder assessed their reliability (particularly Child A) and bore in mind their ages. The court accepted that the Recorder did not treat the wishes as determinative, but as an important factor in the overall welfare assessment. The father argued that parental influence and conflict should have been given more attention by the Recorder; the appellate court found no error in the Recorder’s approach. Holistic welfare/relocation approach The Recorder applied the welfare checklist (s.1 of the Children Act 1989) and conducted a global/holistic analysis of the children’s welfare (including relocation implications, schooling, distance issues, contact arrangements). The appellate court found no failure of approach. The appeal court emphasised the need for caution: appeals in children proceedings are only permitted where the judge’s decision was wrong or outside the available “generous ambit of reasonable disagreement”. Significance & Practical Take-aways This case underscores that while welfare officer / CAFCASS recommendations carry substantial weight, they are not binding . Judges may depart from them provided they give adequate, transparent reasons. The decision re-emphasises the threshold for appellate intervention in children cases: the first-instance judge’s discretion is wide and interference will be rare unless the decision is wrong. Detailed factual findings (for example on parental behaviour, contact facilitation, distance and schooling) strengthen the judge’s reasoning for departure from an expert recommendation. It highlights key pitfalls for appealing parties seeking to challenge departure from CAFCASS/section 7 recommendations: you must show the judge’s reasoning was inadequate, or the decision was outside the range of reasonable outcomes — mere disagreement is insufficient. Practitioners should ensure that where a court diverges from a CAFCASS recommendation the judgment clearly sets out the reasons for departure, how evidence (including schooling records, contact logs, children’s wishes) was considered, and how the welfare checklist has been applied. For parents, the case illustrates that changes in circumstances (such as relocation, stability of schooling, contact facilitation) can justify departure from a prior recommendation — but the change needs to be properly evidenced and reasoned. Potential Limitations / Considerations The decision does not create a new principle or revise the law: it applies existing authorities (such as W v W [1988], Re B (Care Proceedings) [2013], Re S (2007) etc) rather than innovate. Because the case was dismissed, it may have less value for parties seeking precedent in favour of appealing departures from CAFCASS recommendations. Each case remains fact-sensitive: the reasoning turned on particular findings (distance, schooling change, contact facilitation) which might not exist in other cases. For family law advice and family court representation contact Stephanie Heijdra family barrister via sheijdra@winvolvedlegal.co.uk

key facts, legal issues, reasoning, and implications. Summary Factual & Procedural Background The case involves Daniel Hesketh , who was committed for contempt in the face of the court following a family hearing on 7 January 2025 in St Helens Family Court concerning the welfare of his two children. Present in court at the hearing were: District Judge Gray, Hesketh, a Court Associate, counsel for the mother (by video link), and a security officer. Hesketh’s conduct during that hearing allegedly included: Abusive, insulting or threatening language directed at the judge and others (accusing “you are nothing but child offenders,” etc.). Interrupting, shouting over the judge , impeding the delivery of judgment and generally disrupting proceedings. Threats of physical violence , including statements such as “if I see you outside this courtroom … I am gonna punch the f**king lights right out of ya,” and threats involving the judge’s family. Disruptive behaviour generally impeding the administration of justice. The formal Committal Notice , issued 21 February 2025 by Cobb J (as acting Family Presiding Judge), set out detailed particulars of the alleged contempt, grounded in the transcript, an audio recording, and witness statements from Judge Gray and the security officer. The committal proceedings followed FPR Part 37 (family procedure rules). The Notice included the defendant’s rights (to silence, legal representation, etc.). There were difficulties effecting personal service of the Committal Notice. After repeated failed efforts, the court permitted alternative service (by email, text, etc.). Multiple hearings ensued. On 13 June 2025, in Hesketh’s absence, the court found the allegations proved beyond reasonable doubt. A sentencing hearing was fixed for 1 August 2025. Hesketh did not attend that hearing either. The court decided to proceed to sentence in his absence. The court had to consider the existence of parallel criminal proceedings . The police had investigated the same events; by July 2025, Hesketh had been charged (Public Order Act, non-molestation order breach). Holding & Sentence The court held that Hesketh’s actions constituted contempt in the face of the court , in each of the categories alleged (abuse, interruptions/disrespect, threats, disruption). In sentencing, the court adopted an approach analogising criminal sentencing (drawing on H.M. Attorney General v Crosland [2021] ), assessing culpability and harm , considering aggravating and mitigating factors. The court imposed concurrent custodial terms : Abuse → 4 months Interruption/disrespect → 1 month Threats → 4 months Disruption → 3 months All to run concurrently, giving a total custodial sentence of 4 months . The court declined to suspend the sentence, concluding that the seriousness of the conduct required immediate custody. A warrant of committal was to issue; upon execution, Hesketh would be taken to prison. He retains a right of appeal to the Court of Appeal (Civil Division) without needing permission; appeal must be filed within 21 days. Analysis & Commentary Legal Principles & Framework Contempt in the face of the court This is the gravest category of contempt: acts committed openly in court that disrupt or insult the court, impede its function, or threaten its officers. It is punishable summarily (i.e. without the usual full trial process) under the Contempt of Court Act 1981, s 14 and associated Family Court contempt regulations. Because it occurs “in the presence of the court,” the court has inherent jurisdiction to maintain authority and order. Standard of Proof & Procedure The civil committal is quasi-criminal in nature; the standard is beyond reasonable doubt . The defendant is entitled to Article 6 protections (fair hearing, right to legal assistance) given the punitive nature of contempt sanctions. The Sanchez v Oboz checklist was applied (as repeated in family contempt jurisprudence) when deciding whether to proceed in absence (service, notice, fairness, waiver, prejudice, delay) The court must balance expedition (to uphold the authority and prevent delay) with fairness . Sentencing Approach The court used Crosland (2021) as guiding authority to treat contempt sentencing similarly to criminal sentencing: assess seriousness, reflect denunciation/deterrence, consider mitigation, and avoid excessive sentences. The court also referred to Re Greg Hazeltine [2024], and family contempt precedents, to calibrate appropriate levels and to ensure consistency. In family cases, courts often show sensitivity to the emotional context, but the presence of threats, prolonged abuse, and interference with court functions tend to justify custody. Strengths & Notable Features Firm protection of judicial dignity and order : The judgment underscores the necessity that courts must not be subject to abuse, threats, or disruption, especially by litigants. Disciplined procedural handling : Despite the defendant’s evasiveness, the court adhered to procedural safeguards (service, notice, multiple listings) before proceeding. Clear articulation of sentencing methodology : The reasoning on how each category was assessed and then aggregated shows useful transparency. Addressing parallel proceedings : The court did not shy from proceeding despite concurrent criminal charges, explaining the rationale (avoid confusion, delay, priority of clarity). Deterrent effect : The sentence sends a strong message that serious contempt in family proceedings will be met with custodial sanctions, not indulgence. Risks, Critiques & Caveats Proceeding in absence is delicate : Although the court concluded Hesketh chose non-engagement, there is always a risk that genuine reasons exist for non-attendance (e.g. incapacity, lack of notice). The court must be scrupulous in verifying fairness. Coordination with criminal proceedings : There is tension when the same conduct is subject to civil contempt and criminal charges. The court’s decision to proceed can raise concerns about double punishment or procedural unfairness. No mitigation or engagement from defendant : The absence of any mitigation or apology restrained the court’s discretion. In cases with some contrition, the outcome might differ. Intensity of language and threats : The severity here is obvious; but borderline cases (less vitriolic language or milder interruptions) may require careful calibration. First-instance nature : As a High Court (Family Division) decision, it carries persuasive weight, but future appellate guidance could refine the boundaries further. Practical Takeaways for Practitioners Litigants must restrain conduct in court Even in emotionally charged family hearings, litigants (especially litigants in person) must be warned about the risk of contempt if conduct becomes abusive, threatening, or disruptive. Clear pre-hearing protocols (e.g. security, warnings, exclusion power) are essential. Contempt proceedings require strict adherence If considering committal for contempt, ensure strict compliance with service rules, notice, and fair process (e.g. rights, opportunities to answer). Be cautious before applying to proceed in absence; always apply the relevant checklist (Sanchez v Oboz) and ensure Article 6 fairness. Sentencing advocacy matters Where possible, secure mitigation, remorse, or admissions to reduce the risk of immediate custody. Early admission and cooperation may reduce the severity of sentence under the Crosland approach. Coordinate with criminal processes In cases where the same incident spawns criminal charges, coordinate (where feasible) between civil and criminal jurisdictions (police, CPS, court). Ensure the civil court is informed of the status of related criminal matters. Strong deterrent posture Use this case to caution clients that threats or insults to judges or court officers will not be tolerated. It is likely that family courts will increasingly take a hard line on contempt, especially in times of increasing pressure and heightened public scrutiny. For Family law advice and family court representation contact Stephanie Heijdra public access family barrister via sheijdra@winvolvedlegal.co.uk

1. Facts & Procedural Posture Parties & context The case arises in contested financial remedy proceedings between spouses (or former spouses) (i.e. the “Applicant” and “Respondent” are anonymised as BC and BC ) under the Matrimonial Causes Act regime. The core dispute is not the division of assets per se, but whether portions of the Husband’s “open offer” (i.e. a proposal made to settle) may be struck out or redacted because they refer to conduct or statements made during a private FDR (pFDR) . Private FDR and the contested words By consent (and ordered at the First Appointment), the parties undertook a 2-day private FDR (i.e. outside the court process, before an independent evaluator). After the first day, the pFDR evaluator provided an “indication.” The Wife withdrew from the process (leaving with her legal team). The Husband, the following day, made an open proposal in correspondence, containing text which referred (in bold) to the Wife’s decision to depart, and to the timing relative to the evaluator’s indication. The Wife applied for those phrases to be excluded or redacted, contending they breached the confidentiality or privilege tied to the pFDR process. The Husband contended the wording concerned only “logistical details” , not substantive offers or the indication, and thus did not breach pFDR privilege. The parties incurred combined legal costs of £37,000 on that discrete (very limited) dispute over roughly 46 words of text—a figure the judge remarked upon as “startling”. Order sought & judge assignment issue Because the contested material would be seen by the allocated trial judge (if that judge heard the redaction application), the Wife applied to have her redaction/striking-out hearing before a different judge. Justice Peel heard the application and made the decision to strike the offending words from the Husband’s open offer. 2. Legal Issues The case turns on the interplay of: The privilege / confidentiality (without prejudice / without prejudice “meetings”) protections around FDR (and pFDR) under the Family Procedure Rules and their Practice Directions (especially PD9A). The permissible content of open offers (which are “on the record”) and whether referencing conduct in the FDR/pFDR process is allowed. The relationship (and possible tension) between “primary principles” of the Financial Remedies Court (FRC) and rules / practice directions lower in the hierarchy. The question of proportionality and costs in doing a micro-dispute over isolated wording. More concretely, the judge needed to decide: Whether the Husband’s phrasing improperly referred to statements or conduct in the pFDR, thereby violating pFDR privilege/confidentiality. Whether the prohibition of such references is absolute (save rare exceptions) or subject to a fairness exception. If the references were improper, whether redaction or deletion was required (i.e. the remedy). Whether the “primary principles” (which provide that parties should tell the FRC judge that offers were made and an indication given) permit disclosure of those two categories, or whether they are trumped by more restrictive rules. Whether the costs in this kind of application can or should be sanctioned or limited, given the disproportionate cost over 46 words. 3. Legal Framework & Key Authorities FPR / PD9A and FDR confidentiality FPR 2020, r 9.17(1) : The FDR appointment is treated as a “meeting for the purpose of discussion and negotiation.” Paragraph 6.2, PD9A : This is critical. It states that parties must approach the FDR openly and without reserve, and that non-disclosure of the content of such meetings is “vital,” forming an essential prerequisite for a fruitful FDR. It provides that evidence of anything said, or any admission made in the FDR, is inadmissible (save in very exceptional circumstances). Re D (Minors) (Conciliation: Disclosure of Information) [1993] Fam 231 : the classic authority for the confidentiality of conciliation processes, often cited in this context. Thus, the default legal stance is that what is said or done in the FDR (or pFDR) is off-limits for later use, to preserve the frankness required by settlement negotiation. Private FDR (pFDR) and its status The judgment emphasises (drawing on prior cases) that the same confidentiality ethos applies to private FDRs as to court-based FDRs. The President’s Circular (Financial Remedies Court Pilot Phase 2, 27 July 2018) supports—and even encourages—the use of private FDRs, suggesting that parties may agree to them and that they serve the same settlement function. Judicial statements, e.g. in GH v GH (2024) (cited in this judgment), also outline the role of FDR (including pFDR) in facilitating settlement, enabling an independent tentative evaluation of case strengths/risks. Procedure / Primary Principles of the FRC The Financial Remedies Court – Primary Principles (11 January 2022), at paragraph 8, state that when a private FDR has occurred, the next FRC judge will ordinarily wish to be told that offers were made and an indication given (so that the judge is satisfied a thorough FDR exercise has occurred). However, in BC v BC , Peel J holds that those “Primary Principles” must not be taken to override the more restrictive rules / practice directions that govern confidentiality. He considers that the Primary Principles go “too far” in effectively requiring disclosure of whether offers or an indication were given. Peel J notes that there is no citable authority to support that disclosure of those specific items is permissible. Other supporting authorities / doctrines: Passmore on Privilege (4th edn, 2020) : on the prohibition of using without prejudice communications or behaviours in later litigation. Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576 : which deals with refusal to engage in ADR and costs consequences, and principles about scrutinising ADR processes. Dyson LJ’s reasoning that the court should not investigate why a negotiation failed is invoked by Peel J. V v W [2020] EWFC 84 : Sir James Munby’s refusal to permit reliance on a court FDR transcript in later proceedings, affirming the “absolute bar” nature of FDR privilege. 4. Peel J’s Reasoning & Holding Permissible and impermissible references Peel J draws a distinction between: Basic factual details of the FDR/pFDR, which can ordinarily be disclosed (or should be), and Content of the discussion, deals, offers, admissions, conduct which must remain privileged. He agrees that the following factual matters are disclosable / permissible (and indeed often required under standard court orders): Whether the FDR/pFDR took place, and whether both parties attended. The identity of the pFDR evaluator and the parties’ legal teams. The location/venue of the pFDR. The length/time spent in negotiation. These are “unremarkable facts” and do not threaten the confidentiality of the negotiation itself. Indeed, such facts may be required to assure the court the process was properly engaged. However, Peel holds that disclosure or references to whether offers were made, or an indication given, intrude upon the substance of the pFDR process and would undermine the integrity of the procedure. He sees the Primary Principles’ “requirement” to disclose that offers were made and an indication given as incompatible with the higher-level confidentiality rules. So he rejects their application to override PD9A. Peel is also concerned about ancillary disputes if courts permitted inquiry into conduct or offers: subsequent litigation would erupt over who said what, when, or why someone left, which would erode the clean divide between negotiation and adjudication. Application to the husband’s wording & remedy On applying these principles to the precise 46 words under dispute, Peel finds that they do more than merely record logistical circumstance. They are expressive , casting the Wife’s exit as “retrograde,” “impulsive,” and referring to timing immediately after “receiving” the evaluator's indication. That goes beyond factual disclosure and converts into attack or characterization of conduct arising in the negotiation process. Because they cross the line into referencing the negotiation, they are not permissible under FDR privilege / PD9A as qualified by his interpretation. Thus, Peel orders the **offending words be struck out (i.e. deleted) from the open offer. Costs remarks and proportionality Peel is clearly critical of the costs incurred: £37,000 for fighting over 46 words . He describes this as “startling.” Although his judgment does not engage in a detailed costs order discussion (i.e. whether one side should bear the costs), the tone signals judicial impatience with disproportionate micro-litigation over privilege. Warning against a developing (undesirable) practice Peel warns against a trend whereby parties, after leaving a pFDR, seek to blame the other party’s conduct in open correspondence, in order to influence the trial judge’s view of their willingness to settle. He says that such usage is improper and should cease. 5. Significance & Impact Reinforcement of strong confidentiality for negotiation This case reinforces that FDR / pFDR confidentiality is robust and should not be eroded by parties trying to leak negotiation dynamics into subsequent litigation. It puts parties and practitioners on notice that conduct or characterisation of opposing negotiation behaviour cannot be slipped into open proposals. Limits to “Primary Principles” in disclosure BC v BC clarifies that the FRC Primary Principles are not carte blanche to override the stricter obligations in rules/PDs. Where rules require confidentiality, the Primary Principles must yield. Chilling tactical behaviour The judgment seeks to deter strategic behaviour in private FDRs (e.g. leaving suddenly, claiming sabotage, then using that in open offers). Peel’s warning suggests that such tactics will not be tolerated or accepted as fodder in open proposals. Costs and proportionality spotlight The case spotlights how disproportionate cost battles can arise even from narrow privilege issues. It may push parties to think twice before litigating minutiae over redactions. Guidance on drafting open offers / correspondence Practitioners will now have firmer guardrails: open offers must avoid alluding to negotiation conduct (especially post-indication). Any references should focus tightly on the substance of the offer itself. Potential tensions / need for careful drafting of orders Going forward, parties may need to ensure that their procedural / First Appointment orders narrowly restrict what can be included in open proposals—and that redaction or sealing mechanisms are considered in advance where disputes may arise. 6. Observations, Critique and Questions Absolute approach vs fairness exceptions : Peel takes a fairly strict line, rejecting even references to offers or indication. Some might argue for a modifiable fairness exception (in rare cases) to permit limited disclosure where justice demands it. But Peel’s concern about undermining the negotiation process is persuasive. Risk of overdeterrence : Could this lead to overly cautious drafting, with parties shying away from legitimate contextual framing in open offers? Practitioners will need to balance clarity with strict neutrality. Cost discipline needed : The £37k cost over 46 words is indeed striking; courts may need firmer control over costs in micro-disputes to prevent disproportionate fights. Uncertainty around what is “logistical” vs “characterisation” : There remains borderline cases where parties might argue something is a neutral factual detail (e.g. “the meeting ended at 4.15 pm”) vs an inference about conduct. The line may not always be easy to delineate. Limited guidance from case law : Peel notes the absence of citable authority allowing disclosure of offers/indications. This implies there is space for future development (perhaps at appellate level) to further refine the boundary. Enforcement in private FDRs : As private FDRs are out-of-court, there is limited capacity to police conduct in real time (unlike in-court FDRs). The judgment’s deterrent value depends on parties being risk averse to subsequent redaction applications. Interplay with cost orders / conduct sanctions : The decision leaves open whether a party can be sanctioned for abusive conduct in pFDRs (e.g. leaving abruptly or seeking to recharacterise). Peel’s warning suggests he supports such accountability—but how that will manifest (cost orders, penal measures) will need elaboration. For family law advice and family court representation contact Stephanie Heijdra Family Barrister via sheijdra@winvolvedlegal.co.uk 

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She is a highly experienced family law barrister who has represented many fathers in child custody, visitation, and parental responsibility disputes , ensuring that their voices are heard and their parental rights are protected. Stephanie provides clear, strategic, and empathetic advice , guiding fathers through every stage of the legal process — from negotiations and mediation to full court representation. She is known for her balanced and determined advocacy , always prioritizing the best interests of the child while ensuring that fathers receive fair and equal treatment under the law. Through the Direct Access scheme , you can instruct Stephanie Heijdra directly , without needing a solicitor, giving you fast, straightforward access to expert legal support. Her professionalism, dedication, and compassionate approach make Stephanie Heijdra an ideal choice for fathers seeking strong and fair representation in child custody battles .

placing it in the context of existing English & Welsh case law (notably Re T (Children: Non-Disclosure) ) and drawing out practical implications. Summary of the Facts & Core Dispute Local Authority v Mother & Ors [2025] EWFC 293 (B) is a decision at the family court level (Circuit Judge) concerning care proceedings in which the local authority sought, among other things, to withhold the full psychological report from a parent (the Father) on grounds of potential harm and confidentiality. Key factual background: The child is aged 13 by the time of this decision. There is a long history of public law and private law litigation in respect of this child, beginning some years earlier (circa 2012–13). In 2019, a serious incident triggered care proceedings. A psychological assessment was commissioned by the local authority in March 2024 , and a summary of that assessment was shared with the parents on 12 March 2024. The Father requested full disclosure of the psychological report, not just the summary; the local authority resisted, applying to withhold the full report. The central legal question was whether non-disclosure of the full report could be justified, in light of the parent’s right to a fair hearing (Article 6) and the child’s welfare interests. The judge (Circuit Judge) dismissed the local authority’s application to withhold the full report, ordering that disclosure be made, subject to protective measures if needed. Thus the core holding: even in care proceedings with sensitive psychological material, a parent’s right to see and contest evidence is strong; withholding disclosure is the exception, and must satisfy a high threshold. Legal Analysis & Reasoning Framework: Non-Disclosure in Children / Care Proceedings This decision exists against the backdrop of evolving law on non-disclosure in children proceedings. The benchmark in the modern era is Re T (Children: Non-Disclosure) [2024] EWCA Civ 241 , which sharpened the approach to when a court may withhold evidence from a party. In Re T, the Court of Appeal emphasised: Non-disclosure must be exceptional , not routine. The court must first ask whether the material is relevant . If relevant, the court must assess whether disclosure would cause real risk of harm to the child. If risk is identified, the court must consider whether mitigation (redaction, delay, limited access, protective directions) can reduce it. Finally, the court must balance the welfare advantages and disadvantages of disclosure, and determine whether the child’s interest in non-disclosure so compellingly outweigh the parent’s rights that non-disclosure is strictly justified. Throughout, respect for Article 6 (right to a fair hearing) is paramount: parties must be able effectively to know and challenge evidence against them. The decision in Local Authority v Mother & Ors applies that framework (implicitly or explicitly) to the facts before it. Application to the Facts Relevance The full report was plainly relevant to issues in the case (welfare, risk, potential parental capacity). The summary alone may not sufficiently disclose reasoning, nuance or nuance of risk assessments. Risk / Harm from Disclosure The local authority and/or expert may have argued that disclosing the full report poses a risk of psychological harm, stress, re-traumatization, or interference with the child’s welfare. But the judge in this case did not accept that risk, at least not to a level sufficient to justify non-disclosure in full. Mitigation The court would have considered whether less intrusive means could protect the child: redaction of sensitive passages, delay of disclosure, controlled access (e.g. to legal representatives only), or anonymity. The judgment suggests the mitigating proposals offered (or possible) were insufficient. The protective regime could not adequately substitute full disclosure given the need for fairness. Balancing & Outcome The judge concluded that the advantages of disclosure (allowing the Father to test the expert’s reasoning, properly participate, respond to criticisms) outweighed the disadvantages. The child’s interests in confidentiality or protection did not so compellingly demand non-disclosure that fairness must be sacrificed. Thus non-disclosure was refused, and the full report must be disclosed, though subject to protective orders or directions to manage welfare risks. This reasoning aligns with Re T’s principle that non-disclosure is a narrow exception, and any restriction must be justified strictly, not by speculative harms or overbroad caution. Comparative & Supporting Authority In Re D (Minors) (Adoption Reports: Confidentiality) [1996] AC 593, the House of Lords held that confidentiality of adoption reports is a powerful interest but may yield to the need for fairness and participation. That remains a foundational authority in the children context. Re B (Disclosure to Other Parties) [2001] 2 FLR 687 further developed the balancing of Article 8 (child’s privacy) against Article 6 (parent’s fair trial) in disclosure contexts. Re T is the most recent and directly relevant appellate authority setting out modern structure for non-disclosure decisions. Thus, Local Authority v Mother & Ors can be seen as an application of Re T at first instance: the Circuit Judge adheres to the stricter standard and more protective approach demanded by the Court of Appeal. Practical & Strategic Takeaways for Practitioners Non-disclosure orders must be justified, not assumed Parties (especially local authorities or experts) seeking to withhold reports must present strong, evidence-based justifications, not speculative or generic harms. Judges will scrutinise the proposed harms strictly. Mitigation must be serious and practical Redaction, delayed disclosure, limited-access regimes must be carefully structured, and their sufficiency must be clearly shown. If mitigation cannot allay the harm, full disclosure may be required. Good process matters A judge may require the requesting party to demonstrate engagement with alternate options, prepare redacted versions, consult guardians, or propose safeguarding protocols. Lack of detailed plan weakens non-disclosure arguments. Timing & hearing readiness If disclosure is delayed until hearing (or after), that may hinder fair response. Courts may force earlier disclosure even when hearings are imminent, to preserve effective engagement. Use protective orders, not blanket secrecy Where welfare risk is genuine, the court should consider tailored protective directions (e.g. limited circulation, anonymisation) rather than refusing disclosure entirely. Guardians and independent voices are important In contested cases, the guardian or independent social worker role in assessing whether disclosure is appropriate can be persuasive. Expect appeal risk Because disclosure issues often involve fundamental rights (Article 6), non-disclosure orders are susceptible to appellate review, especially if the reasoning is insufficiently demonstrated. Critique & Limitations First-instance vs appellate weight : As a family court decision (Circuit Judge), Local Authority v Mother & Ors is not binding on other courts. Its value lies in persuasive force and fidelity to appellate precedents like Re T. Limited published detail : The publicly available summary is short; full reasoning detail (e.g. how risks were assessed) is not fully visible. That limits our ability to scrutinise some of the balancing or mitigation proposals. Intensity of risk assessment : In highly sensitive cases, it may remain arguable that full withholding is permissible. A future case with stronger evidence of harm might yield a different result. Practical pressure on resources : Disclosure orders may burden LA budgets (e.g. rewriting or redacting reports). That practical constraint is real but should not override fairness. Conclusion Local Authority v Mother & Ors [2025] EWFC 293 (B) is a significant first-instance application of the Re T (Children: Non-Disclosure) approach. It reinforces that non-disclosure of psychological or expert reports in family or care proceedings is a tightly constrained exception. A parent’s right to see and respond to evidence is not lightly overridden, even in care contexts involving sensitive material. This decision strengthens the fairness arm of children proceedings: parties must ensure full, robust, transparent reasoning if they resist disclosure, and courts should favour openness with carefully tailored protections, rather than secrecy by default. https://youtube.com/shorts/exO5UPUgUQ0?feature=share 

Facts & Procedural History The parties are British nationals of Pakistani heritage, residing permanently in the UK. They were married in Pakistan in 2007, later moved to the UK, and have one child. In December 2023, the wife attempted to initiate divorce proceedings in the UK, but was unable to complete them because the husband had destroyed the original (and only) copy of their marriage certificate. As a result, she instructed Pakistani solicitors to procure a duplicate certificate and commenced Khula proceedings (Islamic divorce initiated by a wife) in Pakistan in May 2024. The husband had moved out of the matrimonial home under police bail conditions in May 2024. Timeline of key events: • 24 May 2024 : Khula proceedings commenced in Pakistan. • 1 July 2024 : The wife attended a court hearing in Pakistan (the husband was not informed of the purpose of her trip). • 15 July 2024 : A provisional decree of divorce was issued in Pakistan. • 31 July 2024 : The wife served a copy of the Khula decree to the husband via WhatsApp (delivered). • 13 October 2024 : The Pakistani divorce was made final. The husband later applied in a Pakistani court to set aside the decree of divorce. That application was dismissed, though he continued to pursue appeals. On 31 January 2025 , the wife applied in the UK for permission to apply for financial relief in England & Wales under section 13 of the Matrimonial and Family Proceedings Act 1984 (MFPA 1984). The husband initially did not contest the application, but later opposed it on several grounds, including jurisdiction, validity of the Khula, defects in notice and opportunity to participate, and public policy. The matter was heard in May 2025, and judgment was handed down on 23 June 2025. Thus, the central legal questions were: Should the UK court recognise the Pakistani Khula divorce under the Family Law Act 1986? If recognition is discretionary (under section 51 FLA 1986), should recognition be refused on grounds of procedural unfairness (lack of notice, inability to participate, possible deceit)? Should leave be granted under s 13 MFPA 1984 to permit the wife to apply for financial relief in UK? Whether UK financial proceedings should be stayed pending resolution of challenges to the divorce in Pakistan or whether expert evidence on Pakistani law should be admitted.  Legal Framework & Key Principles Recognition under Family Law Act 1986 Section 46 FLA 1986 sets out when an overseas divorce (or annulment or legal separation) must be recognised. In essence: • The divorce must be valid under the law of the country in which it was obtained. • At the relevant date, either party must have had a connecting factor (habitual residence, domicile, or nationality) in that country. If the statutory criteria are met, recognition is automatic (i.e. the court “shall” recognise the foreign divorce). However, under section 51 FLA 1986 , the court has a discretion to refuse recognition in certain circumstances (e.g. where the respondent was not given reasonable notice or opportunity to participate, or recognition would be manifestly contrary to public policy). The refusal power under s 51 should be used sparingly and only in compelling cases. Courts have emphasized that the public policy exception must be narrowly construed, and that the risk of creating a “limping marriage” (i.e. divorce valid in one jurisdiction but not in another) is a serious concern. Previous authorities (e.g. Olafisoye v Olafisoye) help to guide the balancing exercise (notice and participation vs public policy, finality, and fairness). Leave to Apply for Financial Relief: MFPA 1984 Under section 13 MFPA 1984 , a party who obtains a valid overseas divorce may apply for financial relief in the UK—but only if permission (leave) is granted by the court. The leave stage is threshold: the applicant must show a “substantial ground” for making the application. Section 15 sets out jurisdictional conditions (for instance, husband and wife’s domicile, property, or residence in England & Wales). Section 16 outlines factors for the court to consider at the leave stage (e.g. convenience, competing jurisdictions). If leave is granted, the substantive financial remedy proceedings may go ahead in the UK, subject to further contestation (e.g. jurisdiction, merits). The Court’s Analysis & Findings Section 46 / Basic Validity & Connecting Factors The court accepted that the Pakistani Khula divorce was valid under Pakistani law and, at present, was in force, unless set aside. The connecting factors were satisfied: the parties were Pakistani nationals and the divorce was obtained in Pakistan. Hence prima facie recognition under s 46 was appropriate. Section 51: Should Recognition Be Refused? The central battleground was whether to refuse recognition under s 51 because of procedural unfairness. The court examined: Notice & Opportunity to Participate The court found that the wife had not taken sufficient steps to notify the husband of the proceedings. She had known since 12 May 2024 that he was not at the family home, but did not provide updated addresses to the Pakistani court or to UK solicitors. The publication of notice in a local Pakistani newspaper was ineffective in the husband's case (given his UK whereabouts). The court held it unrealistic to expect that such notice would reach him. The husband only became aware of the proceedings after the provisional decree, so he lacked a proper opportunity to contest or participate at key stages. The court inferred that the failure to ensure effective notice was not a mere oversight but may have been intentional, or at least negligent, given the timing and circumstances. Although the wife later served the decree via WhatsApp (31 July 2024) and via the husband’s assistant, this was too late to provide meaningful participation at earlier stages. Thus, on the procedural fairness issue, the court concluded that sufficient notice and opportunity to contest had not been provided, which prima facie supports refusal under s 51. Public Policy & the Discretion to Recognise Even though the procedural defects would favour refusal, the court turned to the discretionary balancing exercise under s 51: The court acknowledged that the wife’s conduct had elements of unfairness (deceit or misleading aspects), but emphasized that recognition would avoid the creation of a limping marriage. The wife had been legitimately frustrated in pursuing divorce in the UK (owing to the destroyed marriage certificate). Recognising the Khula would serve justice in allowing financial remedy proceedings to proceed. The husband accepted that financial remedy proceedings should take place in the UK, and did not contend with the breakdown of marital relations per se. The court was reluctant to refuse recognition when the only justification would be procedural irregularities, especially where fairness and finality favour recognition. The court also noted that the husband did not promptly challenge the divorce, waiting months before applying to set aside. The risk that recognizing and then later setting aside the decree would waste time was considered, but the court considered that protective orders could address that risk. Ultimately, the court held that on balance public policy considerations favoured recognition of the Pakistani Khula, notwithstanding the procedural deficiencies. Hence, the court exercised its discretion under s 51 to permit recognition of the overseas divorce in the UK. Leave under Section 13 MFPA 1984 & Financial Remedies The court granted permission (leave) to the wife to apply for financial relief in the UK. The statutory conditions for jurisdiction under section 15 were satisfied (due to domicile, residence, or property links in the UK). Under section 16, England and Wales was the appropriate forum for resolving disputes over property and other financial claims. The husband had applied for a stay of proceedings or an adjournment for expert evidence on Pakistani law (i.e. the likelihood of the Khula being set aside). The court dismissed both requests: • A stay would unduly delay resolution. • The expert evidence application was procedurally deficient (no CV, no cost estimate, no timetable) and unnecessary at that stage. Therefore, the financial remedy proceedings could proceed without delay, subject to any later developments in Pakistani appeals. Holding & Implications Recognition of the overseas Khula divorce : The Pakistani divorce was recognised in the UK, under s 46 and notwithstanding procedural deficiencies, by exercising the discretion under s 51 in favour of recognition (given the public policy, avoidance of limping marriage, and fairness in context). Leave granted for financial claims : The wife was given permission under s 13 MFPA 1984 to bring a financial remedy claim in England & Wales. Proceedings to continue : The court refused to stay the UK proceedings pending outcome of Pakistani appeals, and refused to permit expert evidence at that stage. Caution for potential reversal : The court acknowledged that if the Pakistani decree is ultimately set aside, protective measures (such as adjustment orders) could be considered to mitigate unfairness. This ruling demonstrates the court’s willingness to adopt a pragmatic and flexible approach in cross-jurisdiction divorce recognition, especially where strict procedural perfection is lacking but where fairness and public policy weigh in favour of recognition. Critical Observations & Doctrinal Significance Procedural fairness vs finality : This case underscores that, even when procedural defects are present, they do not automatically lead to non-recognition if countervailing public policy and fairness considerations tilt the balance. Avoidance of limping marriages : The decision reinforces the judiciary’s aversion to a situation in which a couple is divorced abroad but remains married domestically—a source of legal and practical complexity. Discretion under section 51 is not lightly used : The court is cautious about refusing recognition unless there is clear injustice; mere defects are not alone enough. Effect of parties’ conduct : The court considered the manner in which the wife handled notice and disclosure. The fact that the husband had accepted downstream financial relief proceedings was relevant to the balancing exercise. Leave procedure vigilance : The decision illustrates that the leave threshold is not onerous where proper jurisdictional grounds and connections exist; but the court also enforces procedural discipline (rejecting the expert evidence request as inadequately placed). Ongoing risk : The possibility that the Pakistani decree could be overturned remains, and the court retains flexibility to revisit relief or make adjustments depending on developments.

Case Overview This appeal concerned an order made by Lay Magistrates on 17 December 2024 , which directed a joint "lives with" arrangement in respect of two children— 8 and 6 years old —allocating equal time with each parent (a week-on/week-off arrangement) The Mother appealed , seeking instead a “lives with” order in her favour, effectively seeking a change to arrangements to give her primary residence. Her appeal was unsuccessful ; the joint arrangement stood  the Lay Magistrates’ decision was upheld. Background & Key Issues Procedural and factual context : The parents were in a relationship from 2015 to 2022. There was no contact between the father and the children from July 2022 until July 2023 . The father applied for a child arrangements order in August 2022 . The case experienced substantial delays , due to factors like officer health and procedural disruptions. Cafcass involvement: A Section 7 report in November 2023 recommended the children live with the mother, with contact to the father, with some progression toward shared care. An addendum in April 2024 still considered shared care inappropriate. A new Cafcass Officer in October 2024 recommended a stepped move to shared care , eventually arriving at equal week-on/week-off living Grounds of appeal raised by the mother included: Alleged procedural irregularities —inadequate or delayed reasoning by the Magistrates, affecting timely appeal rights. Alleged bias by the Legal Advisor during hearings. Allegations of domestic abuse were, she argued, not sufficiently considered, including issues under Practice Direction 12J . Weight and evaluation of Cafcass reports , particularly the initial ones, were allegedly misread or misweighted. Misapplication of the welfare checklist under the Children Act 1989, including insufficient consideration of the children’s wishes and the impact of covert recording during handovers. Date of Magistrates' Order: 17 December 2024 Children’s Ages: 8 and 6 years old Outcome: Joint “lives with” (equal shared care) upheld on appeal Mother’s Appeal: She sought sole residence and raised procedural and substantive concerns, including domestic abuse allegations and issues with evaluation of evidence Cafcass Reports: Early reports supported the mother having residence, but the final report recommended shared care, which the court followed Key Takeaways The case demonstrates how Cafcass assessments , even when earlier reports favour one parent, can evolve in later assessments—and the court may give considerable weight to the most recent recommendation. It also highlights that procedural safeguards —like timely written reasons—are critical, especially to preserve rights of appeal. PD12J , which emphasises consideration of domestic abuse factors and their impact, continues to be a key tool in family law decision-making. For family law advice and family court representation contact Stephanie Heijdra direct access family barrister via sheijdra@winvolvedlegal.co.uk

A father has been sentenced to six months’ imprisonment after persistently breaching family court orders mandating the return of his children. The case underlines the UK courts’ firm approach to enforcing orders and emphasises the legal consequences of contempt in family law. Background and Offences The man appeared before the family court six times in the space of a year, each time for refusing to comply with court orders related to parenting time and the return of children. Despite repeated warnings and escalating enforcement measures, he continued to flout the court’s direction, resulting in a contempt ruling. The judge characterised the breaches as deliberate and sustained, leaving no alternative but immediate custodial penalty. Sentencing: A Clear Warning In delivering the six-month sentence, the court reaffirmed that disregard for judicial authority carries serious consequences. Enforcement of family court orders relies on respect for the rule of law and the child’s best interests. Non-compliance, if persistent, can and will lead to imprisonment. Legal Implications for Family Law This case acts as a stark reminder to parents that family court orders—whether relating to access, custody, or return of children—are legally binding and enforceable. Repeated failure to observe such orders may constitute contempt, attracting punitive actions including fines, restrictions, or incarceration. Legal professionals and families alike should note that parents are encouraged to resolve disputes via mediation or formal applications for variations rather than ignoring court orders. The court retains broad powers to enforce compliance when negotiations fail and judicial orders are dishonoured. Key Lessons for Parents & Practitioners Court orders are not optional. Ignoring them risks severe consequences. Seek modification—not avoidance. If circumstances change, you must make a formal application to vary orders. Mediation remains a first port of call for resolving disputes amicably before enforcement proceedings begin. Respect the court process. Persistent defiance undermines the legal process and can hinder one’s case. Conclusion: Enforcement and Compliance in Family Courts The father’s imprisonment serves both a punitive and deterrent purpose. The case demonstrates the UK family court system’s readiness to impose custodial sentences when necessary to protect legal integrity and uphold children’s rights. Family law professionals should reinforce the importance of compliance and proactive engagement with court orders. By reinforcing the principle that non-compliance equals contempt , this case should encourage disputing parents to seek constructive, legal solutions rather than resorting to avoidance. Ultimately, the court’s authority exists to uphold the best interests of the child—and defiance of that authority puts all parties at risk. family court breach, contempt sentencing, parenting order enforcement, father jailed for disobeying court orders, family law compliance, court enforcement penalties. For family law advice and family court representation contact Stephanie Heijdra family barrister and divorce barrister via sheijdra@winvolvedlegal.co.uk or via 02071014682 https://youtube.com/shorts/lch0VNNc_6g?feature=share

A significant family court decision regarding child arrangements: F v M [2025] EWFC 208 🧑‍⚖️ Case Overview: F v M [2025] EWFC 208 F v M [2025] EWFC 208 , reported on 20 June 2025, concerns a child arrangements dispute involving four children , aged 13, 12, 10, and 8 . The Family Court had to decide whether and how the children’s residence should be varied from the mother to the father. 📌 Key Facts & Background The children had previously lived primarily with their mother. The father applied to change arrangements, arguing it would be in the children's welfare interests to live with him. The court considered factors including parental engagement, children’s views, and overall welfare needs. ⚖️ Court’s Decision The Court ultimately ordered that the children be moved to live with their father , concluding that: The father’s care better served the children’s emotional and developmental needs. The children’s reasonable preferences were taken into account at age-appropriate levels. The decision reflected the welfare checklist under s.1 of the Children Act 1989 , prioritising stability, parental capability, and attachment. 🧠 Key Legal & Practice Highlights 1. Children’s Wishes and Feelings At ages 13, 12, 10, and 8, the children’s preferences were significant but not determinative . The court carefully weighed these alongside broader welfare considerations. 2. Welfare Checklist Focus Householder applications, such as these, hinge on long-term welfare , including emotional development, safety, and attachment history. The Court followed statutory guidance strictly. 3. Parental Capacity and Engagement Active participation, planning, and demonstrated willingness by the father strengthened his case. In contrast, inconsistencies or limited input from the mother were material to the outcome. 4. Court Timing The decision reflects a concluding order , rather than interim arrangements, marking a long-term shift to the father's residence. This demonstrates the court’s readiness to make final arrangements where appropriate and supported by evidence. 📝 Implications for Practice Caseworkers and legal advisors should prepare robust evidence of parental capacity, engagement with services, and emotional bonds. Client interviews should carefully record and communicate children’s views in an age-appropriate but credibly documented manner. Practitioners should emphasise consistency in parenting and contact —even if a client may not ultimately secure primary residence. Comparative Cases & Context While F v M [2025] EWFC 208 forms part of a family law trend prioritising children’s welfare and parental suitability, other notable recent cases include: F v M [2025] EWFC 38(B) — highlighted how non-engagement can still coexist with positive outcomes where children’s welfare needs are paramount. Re T and G [2025] EWFC 15 — considered allegations of parental alienation in the context of children resisting contact. For family court representation and family law advice, please contact Stephanie Heijdra public access family lawyer via sheijdra@winvolvedlegal.co.uk #FamilyCourt2025 #ChildArrangements #FamilyLaw #UKLaw #ParentalRights #LegalUpdate #englishlaw #englandlaw https://youtube.com/shorts/K6eOMs_AR4E