header-logo header-logo

09 September 2010 / Claire Sanders
Issue: 7432 / Categories: Features , LexisPSL
printer mail-detail

Hard decisions

Claire Sanders reports on the complexities of high conflict cases

Who would want to be in the shoes of the judge who has to decide whether the residence of a 12 -year-old boy (S) should be transferred from his primary carer mother to his father from whom the child had become alienated and described as a “monster”? That was the unenviable position of HHJ Bellamy in the case of TE v SH and S [2010] EWHC 192.

S’s parents had separated before his birth and he had always lived with his mother (M). Children proceedings began when he was aged one. Although contact had taken place between S and his father (F) it had broken down in 2006 and no direct contact had taken place since.

Proceedings

It was found within the proceedings that S was alienated from F. The expert, Dr Weir described the concept of alienation as “children who show an extraordinary degree of animosity to a parent with whom they had once had a loving relationship”.

HHJ Bellamy held that the decision

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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll