The Barrister Group - TBG

A Look at X (Father) v Y (Mother) [2025] EWFC 62 (B) In X (Father) v Y (Mother) [2025] EWFC 62 (B), the Family Court confronted the delicate balance between a child's welfare and parental rights amidst serious allegations of abuse. Background The case centred on a five-year-old girl, referred to as A, whose parents were embroiled in a contentious dispute over child arrangements. The father, acting without legal representation, sought a shared care order, proposing that A live with him on alternating weeks. Conversely, the mother aimed to change A's surname and restrict the father's contact, citing a history of abuse. Findings of Fact A pivotal aspect of the proceedings was a fact-finding hearing to assess the veracity of the mother's allegations. The court found that: The father had subjected the mother to multiple instances of sexual abuse between 2015 and 2017. The mother's claims of financial abuse and gaslighting were unsubstantiated. These findings significantly influenced the court's decisions regarding contact and parental responsibility. Court's Decision Given the substantiated abuse, the court determined that overnight contact between A and her father would be unsafe. Instead, alternative contact arrangements were ordered, with further assessments to be conducted in subsequent hearings. Additionally, the court considered the mother's request to change A's surname and her application for a Section 91(14) order to prevent the father from making further applications without court permission. Implications This case highlights the court's commitment to prioritizing a child's safety and well-being, especially when serious allegations of abuse are substantiated. It also illustrates the court's cautious approach in balancing parental rights with the need to protect vulnerable parties. Note: This summary is for informational purposes only and does not constitute legal advice. For specific legal guidance, consult a qualified family law solicitor. For family law advice and family court representation, please contact Stephanie Heijdra Public Access Family Barrister via sheijdra@winvolvedlegal.co.uk and 02071014682

Cross-Border Child Abduction and the Hague Convention – Insights from FC v MS [2025] EWHC 1030 (Fam)  In the recent High Court decision of FC v MS [2025] EWHC 1030 (Fam), the court addressed the complexities of international child abduction under the 1980 Hague Convention. The case involved a father's application for the summary return of his 7-year-old son, DC, to the Republic of Ireland, following the child's removal to England by his mother, MS. Background DC was born and raised in Ireland, where both parents resided. In June 2024, MS relocated to England with DC and another child, citing concerns over the father's alleged abusive behaviour, substance misuse, and criminal history. The father, FC, contested the removal and sought DC's return under the Hague Convention, asserting that the child was wrongfully removed from his habitual residence. Legal Framework The 1980 Hague Convention aims to protect children from international abduction by providing a mechanism for their prompt return to their country of habitual residence. Under Article 13(b) of the Convention, a court may refuse to order the return of a child if it is established that returning the child would expose them to a grave risk of physical or psychological harm. Court's Analysis The court examined the mother's defenses under Article 13(b), focusing on the alleged risks posed by the father's behaviour and the potential impact on DC's well-being. Evidence presented included: Testimony from Dr. Ratnam, assessing MS's mental health and the potential consequences of returning to Ireland. Reports from social worker Ms. Demery, indicating that DC expressed a desire to return to Ireland and that no immediate risk to him was identified. The court concluded that while concerns existed regarding both parents' past behaviours, the evidence did not meet the threshold of "grave risk" required under Article 13(b). Protective measures available in Ireland were deemed sufficient to mitigate potential risks. Outcome The court ordered the return of DC to the Republic of Ireland, emphasizing the importance of upholding international agreements to deter child abduction. Arrangements were made for DC's re-enrolment in school and for maintaining contact with his mother through appropriate means. Implications This case underscores the challenges courts face in balancing the objectives of the Hague Convention with the individual circumstances of each case. It highlights the necessity for substantial evidence when invoking exceptions to the Convention's mandate for the prompt return of abducted children. For family law advice and family court representation contact Stephanie Heijdra Family Barrister via sheijdra@winvolvedlegal.co.uk or 02071014682

 In the recent High Court decision of X v Y [2025] EWHC 727 (Fam), the court examined whether a financial remedy order could be revisited due to a significant change in circumstances occurring after judgment but before the order was sealed. Background Following a three-day final hearing in December 2023, HHJ Spinks delivered a reserved judgment awarding the husband 62.5% of the net proceeds from the former matrimonial home, citing his lower earning capacity and housing needs. However, three weeks post-judgment, the husband's father passed away, leaving him an estimated £1 million interest held in trust. The wife sought to reopen the judgment, arguing that this inheritance substantially altered the husband's financial position and that fairness required a more equitable division. Legal Framework The wife's application was considered under the principles established in In the matter of L and B [2013] UKSC 8 and AIC Ltd v Federal Airports Authority of Nigeria [2022] UKSC 16. These cases affirm that while courts have discretion to alter a judgment before the final order is perfected, the principle of finality is paramount, especially in financial remedy cases. Any application to revisit a judgment must meet a high threshold, demonstrating that the new evidence would have had a significant impact on the original decision and that it could not have been obtained with reasonable diligence at the time. Court's Decision Mr Justice Trowell dismissed the wife's appeal, upholding the original decision. The court found that: The inheritance was uncertain, tied up in a trust, and not immediately accessible. The judge had already considered the likelihood of future family support. Reopening the case would result in significant delay, cost, and stress. The husband's trust interest, while valuable, did not clearly eliminate his current financial need. The court emphasized the importance of finality in financial remedy cases and the need for parties to bring forward all relevant information during the initial proceedings. Implications This case underscores the challenges of reopening financial remedy orders based on post-judgment events. Even significant changes, such as a substantial inheritance, may not be sufficient if the new information does not fundamentally alter the financial landscape considered during the original judgment. Practitioners should advise clients on the importance of thorough disclosure during proceedings and the limited scope for revisiting orders once judgments are delivered. For family law advice and, or family court representation contact Stephanie Heijdra Family Barrister via sheijdra@winvolvedlegal.co.uk or 02071014682

The recent case of FI v DO [2024] EWFC 384 (B) has garnered attention for its nuanced approach to pet ownership disputes in divorce proceedings. Traditionally, pets have been treated as personal property (chattels) under UK law. However, this case highlights a shift towards considering the welfare and emotional bonds associated with pets when determining their placement post-separation. Background FI and DO were married in December 2010 and separated in November 2022. They have two children, born in 2011 and 2017, who reside with their mother, DO. A significant point of contention during their financial remedy proceedings was the custody of their golden retriever, N. The Dispute Over N FI claimed to have purchased N for £1,200 and later registered her as a disability support dog to assist with his mental health challenges. He sought a declaration of ownership and a shared care arrangement. Conversely, DO contended that N was a joint family purchase, with contributions from herself and their daughter. She emphasized her role as the primary caregiver since the separation and expressed concerns over an incident where FI forcibly took N from her mother during a walk, leading to police involvement and reported injuries to the dog. Court's Considerations District Judge Crisp evaluated several factors: Primary Caregiver : DO had been the sole caregiver for N for 18 months post-separation. Emotional Bonds : N's close relationship with DO and the children was evident, especially when N ran back to the family home after the aforementioned incident. Welfare of the Dog : The court prioritized N's well-being, noting that uprooting her from her established environment would be detrimental. The judge remarked, "The dog's home is with the wife, and she should stay there. It would be upsetting for both the dog and the children were those arrangements to alter." Outcome The court ruled in favour of DO retaining custody of N. Additionally, DO was awarded 69.23% of the net proceeds from the sale of the family home, reflecting her primary role in caring for the children and the dog. The court also acknowledged the unnecessary legal costs incurred due to FI's actions, particularly concerning the dispute over N. Implications This case underscores a progressive approach in family law, recognizing pets as integral family members rather than mere property. It sets a precedent for considering the emotional and welfare aspects of pets in divorce proceedings, aligning legal decisions more closely with the realities of modern family dynamics. For individuals navigating similar disputes, this case highlights the importance of demonstrating a consistent caregiving role and the emotional bonds shared with the pet. It also emphasizes the court's willingness to consider the broader family context, especially the impact on children, when making decisions about pet custody. For Family Law Advice and family court representation contact Stephanie Heijdra Family barrister via sheijdra@winvolvedlegal.co.uk or 02071014682

Which is Right for Your Family Court Case? When dealing with a family court matter, understanding your options for support is key. Two common choices are a McKenzie Friend or a family barrister — but they’re not the same. This simple guide explains the difference so you can decide what’s best for your situation. ✅ What is a McKenzie Friend? A McKenzie Friend is someone who supports you in court when you’re representing yourself. They don’t need legal qualifications and are not allowed to speak in court, but they can: Sit beside you in the courtroom Help organise your documents Take notes and offer quiet guidance Provide emotional reassurance Some are friends or relatives. Others offer paid support, often with experience in family law. 🎓 What is a Family Barrister? A family barrister is a fully qualified legal expert who can: Give family law advice, legal advice Represent you in court Speak directly to the judge on your behalf Prepare legal arguments and documents They’re regulated by the Bar Standards Board, and many can be instructed directly — without needing a solicitor — under the Public Access Scheme also known as Direct Access barristers. ⚖️ Quick Comparison: McKenzie Friend vs Family Barrister Feature McKenzie Friend Family Barrister | -------------------- | ------------------------ | ------------------------------------ | Legal qualification Not required Yes – fully qualified Can speak in court No (unless judge allows) Yes Regulated No Yes (Bar Standards Board) Legal advice Informal only Professional, legally binding advice Court representation Support only Full representation Cost Usually lower Higher, but expert-led Suitable for Simple, low-risk cases Complex or sensitive matters 🧐 Which One Do I Need? Choose a McKenzie Friend if: You’re confident representing yourself The case is straightforward You need emotional or organisational support Your budget is limited Choose a Family Barrister if: The case involves children, abuse, or serious allegations You need someone to speak for you The law is unclear or disputed You want family law advice, strong legal strategy and representation 💡 Can I Use Both? Some people use a McKenzie Friend early on and bring in a family barrister for key hearings. If you go this route, make sure your McKenzie Friend is trustworthy and transparent about their experience — the court can question their involvement. 🏁 Final Word Choosing between a McKenzie Friend vs Family Barrister is about more than cost — it’s about getting the right support at the right time. If in doubt, get legal advice before making your decision. Your outcome in family court may depend on it. Need family law advice or representation? Stephanie Heijdra offers both 👉 Contact her today for a confidential chat. sheijdra@winvolvedlegal.co.uk

CAFCASS and Grandparents’ Rights: What You Need to Know When families break down, it’s not only parents and children who feel the effects. Grandparents often find themselves cut off, even though they’ve played a central role in a child’s life. So where does CAFCASS come into the picture — and what are a grandparent’s rights when contact is suddenly lost? Do Grandparents Have Automatic Rights? In short: no. Under current UK law, grandparents don’t have an automatic legal right to see their grandchildren. This can come as a shock, especially to those who’ve been closely involved in childcare or regular visits. However, this doesn’t mean you’re powerless. Applying for Contact Through the Courts If informal efforts to restore contact have failed — whether due to a family dispute, separation, or bereavement — grandparents can apply to the family court for permission to seek a Child Arrangements Order . This is sometimes referred to as “applying for contact”. Before doing so, you’ll usually need to attend a Mediation Information and Assessment Meeting (MIAM) . This gives all parties a chance to resolve matters without going straight to court. What Role Does CAFCASS Play? If your application reaches the court, CAFCASS (Children and Family Court Advisory and Support Service) may become involved — particularly if the case is contested or complex. CAFCASS officers are appointed to represent the child’s welfare, not either side. They might: Carry out background checks Interview family members Talk to the child, if appropriate Provide a report to the court with recommendations While CAFCASS can’t make legal decisions themselves, their input is often influential. The court takes their assessments seriously, especially where safeguarding or emotional well-being is concerned. What Will the Court Consider? When deciding whether to grant contact, the court looks at several factors, including: The existing relationship between the grandparent and child The reasons for any breakdown in contact Whether continued involvement is likely to benefit the child Any risks or concerns raised by the parents The child’s best interests remain the top priority — and if the court believes that seeing their grandparent would be good for them, it can make an order to reflect that. Practical Steps for Grandparents If you’re a grandparent struggling to maintain contact, here are a few things to consider: Try to resolve things informally first – A calm conversation or a written message can sometimes reopen doors. Consider mediation – Many issues can be sorted with the help of a neutral third party. Keep communication respectful – Even if emotions are running high, staying measured improves your chances of being heard. Be prepared for the process – If court becomes necessary, make sure you understand the steps, including CAFCASS involvement. Final Thoughts The idea of fighting for contact with your grandchildren can feel overwhelming — but you’re not alone. Many grandparents find themselves in this situation, and the system does offer routes to re-establish meaningful relationships. While CAFCASS doesn’t grant rights directly , its role in advising the family court is crucial. If you do reach that stage, their involvement helps ensure that decisions are made with care, balance, and — most importantly — the child’s well-being in mind. For family law advice and, or family court representation contact Stephanie Heijdra - Family Barrister via sheijdra@winvolvedlegal.co.uk 02071014682

If you’re going through family court proceedings involving children, you might have heard mention of a CAFCASS Section 7 report . But what does that actually mean, and how might it affect your case? What is a Section 7 Report? A Section 7 report refers to a specific type of report ordered by the family court under Section 7 of the Children Act 1989. It’s usually requested when there’s a dispute over child arrangements — for example, where a child should live, or how much time they should spend with each parent. The Children and Family Court Advisory and Support Service (CAFCASS) is typically the body asked to prepare this report, although in some cases a local authority might be involved instead. Why is a Section 7 Report Requested? A judge will ask for a Section 7 report when they need more information about the child’s welfare before making a final decision. This often happens when: There are concerns about the child’s safety or well-being There are allegations of abuse, neglect, or domestic conflict The parents cannot agree on a suitable arrangement In essence, the court is looking for a fuller picture of what’s really going on — not just what’s said in statements or during hearings. What Does the Report Involve? Once CAFCASS has been asked to prepare a Section 7 report, a Family Court Adviser (usually a qualified social worker) will be assigned to the case. Their job is to assess the situation fairly and put together recommendations that are in the best interests of the child . As part of the process, they’ll usually: Speak with both parents (sometimes separately) Talk to the child, depending on their age and understanding Review any relevant background information, including reports from schools, health professionals, or police if needed Observe how the child interacts with each parent This isn’t an interrogation, but it’s important to be open and cooperative. The adviser is there to understand the family dynamic, not to take sides. What Will the Report Contain? The Section 7 report will include a summary of the situation, key concerns, and — crucially — the adviser’s recommendations to the court . These might relate to: Who the child lives with How contact with the other parent should be arranged Whether any restrictions or safeguards are needed While the court isn’t bound to follow the CAFCASS recommendations, they are taken seriously — particularly if they are well-reasoned and supported by evidence. How Should You Prepare? If you’re involved in a case where a CAFCASS Section 7 report is being prepared, here are a few things to keep in mind: Stay child-focused : The report isn’t about scoring points. It’s about what’s right for your child. Be honest and consistent : Avoid exaggerations or blame. Stick to facts and focus on your child’s needs. Be respectful : How you behave during the process will be noticed — cooperation can go a long way. Take advice if needed : A solicitor, direct access family barrister or family mediator can help you understand what to expect and how to present your case constructively. In Summary A CAFCASS Section 7 report plays a key role in many family court cases involving children. While it can feel daunting, the aim is simple: to help the court reach a decision that protects and supports the child’s welfare. If you approach the process calmly, cooperatively, and with your child’s needs front and centre, you’ll give yourself the best chance of a fair and balanced outcome. For family law advice and, or family court representation contact Stephanie Heijdra direct access family barrister via sheijdra@winvolvedlegal.co.uk or 02071014682

What is the CAFCASS Parenting Plan: A Guide for Separated Parents When going through a separation or divorce, making arrangements for your children can be one of the most emotionally challenging tasks. That’s where the CAFCASS parenting plan comes in. Designed to support separated parents in creating a clear, child-focused agreement, the plan helps outline how you’ll continue to care for your children after parting ways. What is a CAFCASS Parenting Plan? The CAFCASS (Children and Family Court Advisory and Support Service) parenting plan is a written agreement that covers all aspects of your child’s life — from living arrangements and contact schedules to schooling, holidays, and communication. While it’s not legally binding, it can be incredibly helpful in avoiding misunderstandings and future disputes. The goal is to put your child’s needs at the heart of every decision. Why Use a Parenting Plan? Creating a parenting plan with the help of CAFCASS offers several key benefits: Clarity : Everyone knows what’s expected, reducing the risk of confusion. Stability : Your child has a more structured and consistent routine. Co-operation : Encourages positive communication and co-parenting. Avoids Court : A well-thought-out parenting plan can help families stay out of family court. What Does the CAFCASS Parenting Plan Include? The plan usually covers the following areas: Living arrangements – Where your child will live, and when they’ll spend time with each parent. Education – Schooling decisions, homework routines, and parent-teacher involvement. Health care – Medical decisions and how information will be shared. Holidays and special days – How birthdays, Christmas, and school holidays will be handled. Communication – How your child will stay in contact with the other parent, and how parents will communicate. You can download the free CAFCASS Parenting Plan from the CAFCASS website and complete it together, or with the help of a mediator if needed. Is the CAFCASS Parenting Plan Legally Binding? No, the parenting plan itself is not a court order. However, if both parents agree to the terms and stick to them, it can provide a strong foundation for future co-parenting. If necessary, the contents of the plan can be used in court to show your intentions and what’s been agreed so far. Tips for Making the Most of the CAFCASS Parenting Plan Put your child first – Always prioritise their well-being, stability, and happiness. Be realistic – Choose arrangements you can both reasonably stick to. Stay flexible – Life changes, and your parenting plan might need adjusting as your child grows. Seek support – Consider mediation or legal advice from a public access family barrister if you're struggling to reach agreement. Final Thoughts The CAFCASS parenting plan is a practical tool for separated parents to work together in the best interests of their children. It helps turn emotional uncertainty into clear, structured decisions that support healthy co-parenting and minimise conflict. For many families, taking the time to complete a parenting plan is one of the most constructive steps they can take after separation. For family law advice and / or family court representation contact Stephanie Heijdra direct access Family Barrister sheijdra@winvolvedlegal.co.uk 02071014682

Understanding the CAFCASS Parental Alienation Checklist: What Parents Need to Know Learn how the Children and Family Court Advisory and Support Service, better known as CAFCASS parental alienation checklist is used in UK family courts to identify signs of manipulation and protect children's welfare during custody disputes. Introduction When parents separate, ensuring the well-being of their children becomes the top priority. In the UK, CAFCASS (Children and Family Court Advisory and Support Service) plays a crucial role in helping family courts understand what is in a child’s best interest. One of the complex issues CAFCASS deals with is parental alienation . This article explores the CAFCASS parental alienation checklist , its purpose, and how it impacts custody decisions. What Is Parental Alienation? Parental alienation occurs when one parent deliberately undermines or damages a child’s relationship with the other parent. This can involve negative comments, emotional manipulation, or restricting contact, and it often leads to the child unjustifiably rejecting the alienated parent. The Role of CAFCASS in Parental Alienation Cases CAFCASS officers, also known as Family Court Advisers (FCAs), assess the family situation during disputes about child arrangements. Their assessments help the court make informed decisions regarding the child’s living arrangements and contact with both parents. In suspected cases of parental alienation, the CAFCASS parental alienation checklist can be an essential tool. What Is the CAFCASS Parental Alienation Checklist? While there is no single, publicly available official checklist from CAFCASS titled "Parental Alienation Checklist," CAFCASS uses structured guidance and frameworks to help FCAs identify alienating behaviours. These include the Child Impact Assessment Framework (CIAF) and the Signs of Alienation indicators. Key behaviours that CAFCASS may consider include: A child expressing unjustified negative feelings about one parent Sudden resistance to contact without a clear reason The resident parent encouraging rejection or hostility The child mimicking adult language or accusations Restricting or blocking communication with the other parent False allegations against the non-resident parent These behaviours are flagged in the broader context of emotional harm and risk to the child’s welfare . How CAFCASS Assesses Alienation Using the CIAF The Child Impact Assessment Framework helps CAFCASS evaluate how a child's experiences and relationships affect their emotional and psychological development. It looks at: Children’s voices : Are their views truly their own or heavily influenced? Contact issues : What’s behind the refusal to see a parent? Adult behaviours : Are either parent’s actions emotionally abusive? Wider context : Are there safeguarding concerns or historical issues? This framework allows officers to decide whether behaviours amount to alienation and advise the court accordingly. What Happens if Parental Alienation Is Identified? If CAFCASS concludes that parental alienation is taking place, the family court may: Order a change of residence (in serious cases) Mandate therapy or parenting programmes Set firm contact arrangements Appoint a guardian to represent the child’s interests The court’s primary focus is the child’s welfare, not punishing either parent. How Parents Can Respond to Allegations or Concerns Whether you're accused of alienation or suspect you're being alienated, it’s crucial to: Maintain calm and consistent contact (where possible) Document interactions and concerns factually Cooperate with CAFCASS and court orders Seek independent family law advice, legal advice. Conclusion Parental alienation is a serious concern in UK family law, and CAFCASS plays a vital role in identifying and addressing it. The so-called CAFCASS parental alienation checklist , though informal, reflects a structured approach to evaluating emotional harm and supporting the child’s best interests. If you are navigating a high-conflict custody case, understanding this framework can help you better protect your child and your relationship with them. FAQs Q: Is there an official CAFCASS parental alienation checklist I can download? A: No, CAFCASS does not publish a formal checklist, but it uses structured tools like the Child Impact Assessment Framework to assess alienation. Q: Can parental alienation affect custody arrangements? A: Yes, if proven, it can lead to significant changes in residence or contact orders. Q: Should I speak to a solicitor if I suspect parental alienation? A: Absolutely. Legal advice is essential to protect your rights and your child’s welfare in court. For family court representation and family court advice on this or other family law matters, contact Stephanie Heijdra direct access family barrister via  sheijdra@winvolvedlegal.co.uk or 02071014682