CS v FB

CS v FB

On the available evidence, the respondent mother’s conduct and failure to engage with the proceedings justify an interim declaration that she lacks capacity to conduct the proceedings, enabling the appointment of the Official Solicitor as litigation friend and further investigation of her capacity.

Parties
Applicant: CS; Respondent: FB; Child: VC; Local Authority: Hertfordshire County Council
Jurisdiction
England and Wales
Judgment Date
20 May 2020
Procedural Posture
Family Law Child Abduction / Custody / Interim Application for Declaration of Lack of Capacity and Appointment of Litigation Friend
Outcome
Interim declaration of lack of capacity granted; Official Solicitor to be appointed as litigation friend for the respondent mother.
Legal Topics
Child Abduction, Custody, Litigation Capacity, Appointment of Litigation Friend
Family Law Mental Capacity Child Abduction Custody Litigation Capacity Appointment of Litigation Friend

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 4 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

CS

Applicant

FB

Respondent

VC

Child

Hertfordshire County Council

Local Authority

Procedural Posture

Family Law Child Abduction / Custody / Interim Application for Declaration of Lack of Capacity and Appointment of Litigation Friend

Legal Issues

  1. 1 Whether the respondent mother lacks capacity to conduct proceedings
  2. 2 Whether an interim declaration of lack of capacity should be made to enable appointment of a litigation friend

Ratio Decidendi

On the available evidence, the respondent mother’s conduct and failure to engage with the proceedings justify an interim declaration that she lacks capacity to conduct the proceedings, enabling the appointment of the Official Solicitor as litigation friend and further investigation of her capacity.

Court Disposition

Interim declaration of lack of capacity granted; Official Solicitor to be appointed as litigation friend for the respondent mother.

Orders

  • Interim declaration that the respondent mother lacks capacity to conduct proceedings.
  • Official Solicitor to be appointed as litigation friend for the respondent mother.