G v G & Anor

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

  1. 1 Whether service of the CAFCASS report should be delayed to avoid prejudicing a criminal investigation
  2. 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.