A & Ors (Finding of Fact), Re
| Court | Family Court (EW) |
| Judge | RECORDER VEAL |
| Neutral Citation | [2024] EWFC 53 (B) |
| Date | 11 March 2024 |
| Year | 2024 |
| Counsel | Emma Harman,Respondent |
IMPORTANT NOTICE
This judgment was delivered in private. The judge has given leave for this version of the
judgment to be published on conditi on that (irrespective of what is contained in the
judgment) in any published version of the judgment the anonymity of the children and
members of their family must be strictly preserved. All persons, including representatives of
the media, must ensure that this condition is strictly complied with. Failure to do so will be a
contempt of court.
This Transcript is Crown Copyright. It may not be reproduced in whole or in part other
than in accordance with relevant licence or with the express consent of the Authority. All
rights are reserved.
Neutral Citation Number: [2024] EWFC 53 (B)
Case No: BH23P00462
IN THE FAMILY COURT SITTING AT BOURNEMOUTH AND POOLE
Courts of Justice
Deansleigh Road
Bournemouth
BH7 7DS
Date: 11 March 2024
Before:
RECORDER VEAL
- - - - - - - - - - - - - - - - - - - - -
B E T W E E N:
A Mother Applicant
- and -
A Father Respondent
Emma Harman (instructed by Ellis Jones LLP) for the Applicant
The Respondent appeared in person
Hearing dates: 20 – 23 February 2024
- - - - - - - - - - - - - - - - - - - - -
JUDGMENT
RE A, B, C AND D (FINDING OF FACT)
Re Children BH23P00462
Recorder Veal:
Introduction
1) The court is concerned with A, who… is now 14 years old, B, who… is 13 years old,
C, who… is 12 years old, and D, who… is now 6 years old.
2) The children’s mother is M, and their father is F. I will refer to them as “mother” and
“father” respectively.
3) It is relevant to the issues before the court that the mother is a British national,
whereas the father is from [his native country]. The children have dual nationality.
4) The mother commenced these proceedings on 11 September 2023, at which time she
sought a child arrangements order that the children live with her and have supervised
contact with the father. She also sought orders to prevent the father from removing the
children from her care and from the jurisdiction (case number BH23P00462).
5) At the same time, the mother issued an application for a non molestation order (case
number BH23F00343).
6) On 11 September 2023, a non molestation order was made without notice to the
father. That order is due to expire on 10 September 2024. On the same day, the court
made the prohibited steps orders requested without notice to the father. The court gave
brief reasons for doing so, namely that the children had lived with the mother since
2019; the mother’s evidence was that the father had been communicating with B
secretly and the messages exhibited tended to suggest that the father is intending to
remove B from the mother’s care and from the jurisdiction; the father’s Article 6 right
to a fair hearing was addressed by the listing of an urgent hearing.
7) Accordingly, the matter came before the court on 13 September 2023 for that urgent
hearing. The father agreed to the prohibited steps orders remaining in place and the
court also made a port alert order. The application referred to the children’s [non-
British] passports having expired and [the father’s native country] is not a signatory to
the Hague Convention. It was apparent that the father did not accept the allegations
made by the mother, and so the court directed evidence and disclosure.
8) On 22 November 2023, the court determined that a fact finding hearing was necessary
and proportionate and gave further directions. That was contrary to the
recommendations of the child impact report dated 7 November 2023 (this being a
Practice Direction 36Z case), which said this:
“I do not believe a fact-finding hearing is necessary despite [the father]’s
denial of the allegations made about his abusive and violent conduct within the
relationship between him and [the mother]. The evidence against [the father]
appears to be comprehensive and compelling.”
The court was critical of that recommendation at the time, which it seemed to me rode
roughshod over the father’s Article 6 rights.
Page 3
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