Custody of Child in UK Law

Leading Cases
  • Brixey v Lynas (No.1)
    • House of Lords
    • 04 July 1996
    “

    My Lords, to summarise, the advantage to a very young child of being with its mother is a consideration which must be taken into account in deciding where lie its best interests in custody proceedings in which the mother is involved. It is neither a presumption nor a principle but rather recognition of a widely held belief based on practical experience and the workings of nature.

  • L v L (Custody of Child)
    • Court of Appeal (Civil Division)
    • 05 February 1980
    “

    I must say that one feels a great deal of sympathy for the father who, as far as one can see, has done nothing wrong whatsoever except perhaps in his character: being a little too severe, being a little too forthcoming, and being not quite open and helpful enough with Mrs. Willoughby. Sad and disappointed as he must be at losing the case, I am afraid that, on balance, we must go by the judge's decision, and not overrule it unless we see good reason to do so.

  • Is (by the Official Solicitor as Litigation Friend) v The Director of Legal Aid Casework (1ST Defendant) The Lord Chancellor (2ND Defendant)
    • Queen's Bench Division (Administrative Court)
    • 15 July 2015
    “

    Section E asks for the extent of the services to be provided. This requires the level of services to be specified under the three headings: licensed work, special case work services and controlled work services. These are defined in the Procedure Regulations as I have already indicated. Reasons must be given why the services requested are the minimum required to meet the obligations under ECHR or EU law.

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Legislation
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Books & Journal Articles
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Forms
  • Application under the Child Abduction and Custody Act 1985 or Article 11 of Council Regulation (EC) 2201/2003
    • HM Courts & Tribunals Service court and tribunal forms
    Standard directions forms under the Children Act.
  • Form C51
    • HM Courts & Tribunals Service court and tribunal forms
    Standard directions forms under the Children Act.
    ... ... when you have completed the form ... If there is more than one child you must fill in a separate ... form for each child ... Cafcass/CAFCASS ... D a guardian of the child ... E someone who holds a custody or residence order ... F a local authority which has a care order ... • ... ...
  • Concerning judgments on parental responsibility
    • HM Courts & Tribunals Service court and tribunal forms
    Standard directions forms under the Children Act.
    ... ... Regulation (EC) No 1347/2000 ... In cases of joint custody, a person already mentioned under item 3 may also be mentioned under item ... Specific information for judgments on the return of the child in cases where the ‘exequator’ ... procedure is requested under ... ...
  • Graduated Fees Reference to a Judge
    • HM Courts & Tribunals Service court and tribunal forms
    Fees forms, including the EX160 form to apply for help with court and tribunal fees.
    ... ... or applications for a placement order), proceedings under the Child ... Abduction and Custody Act 1985, and other family proceedings within ... ...
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