A, B & C, In the Matter Of [2024] EWFC 25 (B) (09 February 2024)

A, B & C, In the Matter Of [2024] EWFC 25 (B) (09 February 2024)

Although the starting point is publication due to the nature of the fact-finding hearing, there are compelling reasons not to publish the judgment: the likely significant emotional harm to the children, their strong opposition, the risk of further damaging the father-child relationship, and the absence of any special public interest in this particular case. The Article 8 rights and welfare of the children outweigh the Article 10 rights and general public interest in transparency in these circumstances.

Citation
[2024] EWFC 25 (B)
Parties
Applicant/respondent: Mother; Applicant/respondent: Father; Subject Children: A, B and C (Children)
Jurisdiction
England and Wales
Judgment Date
09 February 2024
Procedural Posture
Children Act 1989 Proceedings (private Law) / Application for Publication of Fact Finding Judgment; Post Finding of Fact Hearing
Outcome
Application for publication of the fact-finding judgment refused.
Legal Topics
Publication of Judgments, Transparency in Family Proceedings, Children's Welfare, Parental Alienation, Balancing Article 8 and Article 10 ECHR Rights
Family Law Publication of Judgments Transparency in Family Proceedings Children's Welfare Parental Alienation Balancing Article 8 and Article 10 ECHR Rights

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Parties

Mother

Applicant/respondent

Father

Applicant/respondent

A, B and C (Children)

Subject Children

Procedural Posture

Children Act 1989 Proceedings (private Law) / Application for Publication of Fact Finding Judgment; Post Finding of Fact Hearing

Legal Issues

  1. 1 Whether the fact-finding judgment from March 2021 should be published in anonymised form
  2. 2 Balancing the public interest in transparency against the Article 8 rights and welfare of the children

Ratio Decidendi

Although the starting point is publication due to the nature of the fact-finding hearing, there are compelling reasons not to publish the judgment: the likely significant emotional harm to the children, their strong opposition, the risk of further damaging the father-child relationship, and the absence of any special public interest in this particular case. The Article 8 rights and welfare of the children outweigh the Article 10 rights and general public interest in transparency in these circumstances.

Court Disposition

Application for publication of the fact-finding judgment refused.

Orders

  • The March 2021 fact-finding judgment shall not be published, even in anonymised form.