G v G & Anor
The court granted a short delay in service of the CAFCASS report to allow New Zealand police to interview and potentially arrest the father before he is made aware of the allegations, balancing the need for an effective investigation with the parties' rights to a fair trial.
- Parties
- Applicant: G; Respondent: G; Intervener: Chief Constable of Dorset Police
- Jurisdiction
- England and Wales
- Judgment Date
- 04 May 2018
- Procedural Posture
- Child Abduction / Interlocutory Application
- Outcome
- Application granted
- Legal Topics
- Hague Convention, Child Abduction, Delay of Disclosure, Police Investigation, CAFCASS Report
Case Brief
Summary, issues, holding and outcome
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Parties
G
Applicant
G
Respondent
Chief Constable of Dorset Police
Intervener
Procedural Posture
Child Abduction / Interlocutory Application
Legal Issues
- 1 Whether service of the CAFCASS report should be delayed to avoid prejudicing a criminal investigation
- 2 Balancing fair trial rights with effective police investigation
Ratio Decidendi
The court granted a short delay in service of the CAFCASS report to allow New Zealand police to interview and potentially arrest the father before he is made aware of the allegations, balancing the need for an effective investigation with the parties' rights to a fair trial.
Court Disposition
Application granted
Orders
- CAFCASS must not file or serve, or disclose the contents of, their report upon, or to, either party or their legal advisers before 15.00 hours local English time on Friday 11 May 2018.
- Transcript of judgment to be sent urgently to CAFCASS and, after service of the report, to solicitors for both parties.
Full Case Text
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