AL v DA

AL v DA

A guardian from the CAFCASS High Court Team is appointed to represent the child, with strict directions to prevent involvement of the previous guardian. No interim hearing or expert evidence is ordered at this stage; such applications may be made by the guardian if deemed necessary. The mother must provide an undertaking to return the child after holiday. Mediation is strongly encouraged.

Parties
Applicant: AL; Respondent: DA
Jurisdiction
England and Wales
Judgment Date
09 July 2014
Procedural Posture
Family / Directions Hearing
Outcome
Directions issued; guardian appointed; interim hearing and expert evidence refused; undertaking required; mediation encouraged.
Legal Topics
Child Custody, Appointment of Guardian, Interim Orders, Expert Evidence, Mediation
Family Law Child Custody Appointment of Guardian Interim Orders Expert Evidence Mediation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

AL

Applicant

DA

Respondent

Procedural Posture

Family / Directions Hearing

Legal Issues

  1. 1 Whether a guardian should be appointed for the child
  2. 2 Whether an interim hearing should be fixed for immediate change in custody
  3. 3 Whether expert evidence should be ordered

Ratio Decidendi

A guardian from the CAFCASS High Court Team is appointed to represent the child, with strict directions to prevent involvement of the previous guardian. No interim hearing or expert evidence is ordered at this stage; such applications may be made by the guardian if deemed necessary. The mother must provide an undertaking to return the child after holiday. Mediation is strongly encouraged.

Court Disposition

Directions issued; guardian appointed; interim hearing and expert evidence refused; undertaking required; mediation encouraged.

Orders

  • Guardian from CAFCASS High Court Team to be appointed and supervised by Lucy Titmuss.
  • Sarah Vivian to have no involvement in the case.