A & Ors, Re

A & Ors, Re

The compelling emotional harm and damage to the children's welfare and their relationship with their father outweigh the public interest in publication, even in anonymised form. The strong opposition of the children and their guardian, and the likely long-term negative impact, constitute compelling reasons not to publish the fact-finding judgment.

Parties
Applicant: Mother; Respondent: Father; Children: A, B and C (Children)
Jurisdiction
England and Wales
Judgment Date
09 February 2023
Procedural Posture
Family / Application for Publication of Fact Finding Judgment
Outcome
Application for publication of the fact-finding judgment refused
Legal Topics
Publication of Judgments, Children's Welfare, Anonymity, Parental Alienation, Open Justice, Article 8 ECHR, Article 10 ECHR
Family Law Publication of Judgments Children's Welfare Anonymity Parental Alienation Open Justice Article 8 ECHR Article 10 ECHR

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Parties

Mother

Applicant

Father

Respondent

A, B and C (Children)

Children

Procedural Posture

Family / Application for Publication of Fact Finding Judgment

Legal Issues

  1. 1 Whether the fact-finding judgment from March 2021 should be published in anonymised form
  2. 2 Balancing Article 8 (right to privacy) and Article 10 (freedom of expression) rights
  3. 3 Impact of publication on the welfare of the children

Ratio Decidendi

The compelling emotional harm and damage to the children's welfare and their relationship with their father outweigh the public interest in publication, even in anonymised form. The strong opposition of the children and their guardian, and the likely long-term negative impact, constitute compelling reasons not to publish the fact-finding judgment.

Court Disposition

Application for publication of the fact-finding judgment refused

Orders

  • The fact-finding judgment from March 2021 shall not be published, even in anonymised form.