CS v FB [2020] EWHC 1474 (Fam) (20 May 2020)

CS v FB [2020] EWHC 1474 (Fam) (20 May 2020)

On the available evidence, the mother lacks capacity to conduct these proceedings, justifying an interim declaration to appoint the Official Solicitor as litigation friend and enable further investigation with expert evidence.

Citation
[2020] EWHC 1474 (Fam)
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 Return Application / Interim Judgment on Mother's Litigation Capacity
Outcome
Interim declaration that the mother lacks capacity to conduct proceedings; Official Solicitor appointed as litigation friend.
Legal Topics
Child Return Under Hague Convention, Litigation Capacity, Appointment of Litigation Friend, Legal Aid Funding
Family Law Mental Capacity Law Child Return Under Hague Convention Litigation Capacity Appointment of Litigation Friend Legal Aid Funding

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Parties

CS

Applicant

FB

Respondent

VC

Child

Hertfordshire County Council

Local Authority

Procedural Posture

Family Law Child Return Application / Interim Judgment on Mother's Litigation Capacity

Legal Issues

  1. 1 Whether the mother (FB) has capacity to conduct proceedings regarding the return of her child VC to Brazil
  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 mother lacks capacity to conduct these proceedings, justifying an interim declaration to appoint the Official Solicitor as litigation friend and enable further investigation with expert evidence.

Court Disposition

Interim declaration that the mother lacks capacity to conduct proceedings; Official Solicitor appointed as litigation friend.

Orders

  • Official Solicitor to be appointed as litigation friend for the mother.
  • Official Solicitor to investigate, with expert evidence, whether the interim declaration should be converted to a final declaration.