header-logo header-logo

04 April 2014
Issue: 7601 / Categories: Case law , Law digest , In Court
printer mail-detail

Family

SMD v LMD [2014] EWHC 302 (Fam), [2014] All ER (D) 282 (Mar)

In determining a contact application the paramount consideration was the welfare best interests of the child. The starting point was that contact with a non-residential parent was generally in the best interests of a child. Any restriction on contact with a child but, especially, an order that there be no contact, direct or indirect, might only be justified on the basis of the most cogent and compelling evidence. When considering making an order for no contact; such an order should only be made where the court was satisfied that there was a serious risk of harm if contact were to be ordered. 

Orders pursuant to s 91(14) of the Children Act 1989 should be made with great care and sparingly. They might be made in the absence of a past history of unreasonable applications if there was clear evidence that the welfare of the child so required. In such a case the court had to be satisfied that the facts of the case went beyond

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

HFW—Simon Petch

HFW—Simon Petch

Global shipping practice expands with experienced ship finance partner hire

Freeths—Richard Lockhart

Freeths—Richard Lockhart

Infrastructure specialist joins as partner in Glasgow office

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll