M v F & Anor

M v F & Anor

The High Court, exercising its inherent jurisdiction, may permit a party to publish information about private family proceedings where statutory and rule-based exceptions do not suffice, provided a careful balancing of Article 8 and Article 10 rights is undertaken. In this case, Ms M's rights to freedom of expression and autonomy as a survivor of domestic abuse outweigh the limited risks to the child's privacy, given Ms M's commitment to anonymity. Mr F's application is refused due to the high risk of perpetuating abuse and harm to Ms M and C.

Parties
Applicant: Ms M; First Respondent: Mr F; Second Respondent: The Child, C (by his Guardian, Miss Kelly)
Jurisdiction
England and Wales
Judgment Date
04 February 2025
Procedural Posture
Family Law Application / Judgment on Application for Permission to Publish Information About Proceedings
Outcome
Ms M's application granted in part; Mr F's application refused; Mr F's contempt application dismissed.
Legal Topics
Transparency in Family Proceedings, Freedom of Expression, Privacy and Anonymity, Domestic Abuse, Parental Responsibility, Child Welfare
Family Law Human Rights Transparency in Family Proceedings Freedom of Expression Privacy and Anonymity Domestic Abuse Parental Responsibility Child Welfare

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Parties

Ms M

Applicant

Mr F

First Respondent

The Child, C (by his Guardian, Miss Kelly)

Second Respondent

Procedural Posture

Family Law Application / Judgment on Application for Permission to Publish Information About Proceedings

Legal Issues

  1. 1 Whether the court has jurisdiction to permit parties to publish information about private family proceedings
  2. 2 Balancing Article 8 and Article 10 rights in the context of family proceedings
  3. 3 Scope of statutory and inherent jurisdiction to relax reporting restrictions

Ratio Decidendi

The High Court, exercising its inherent jurisdiction, may permit a party to publish information about private family proceedings where statutory and rule-based exceptions do not suffice, provided a careful balancing of Article 8 and Article 10 rights is undertaken. In this case, Ms M's rights to freedom of expression and autonomy as a survivor of domestic abuse outweigh the limited risks to the child's privacy, given Ms M's commitment to anonymity. Mr F's application is refused due to the high risk of perpetuating abuse and harm to Ms M and C.

Court Disposition

Ms M's application granted in part; Mr F's application refused; Mr F's contempt application dismissed.

Orders

  • Ms M is permitted to publish media articles about her experiences of the family court system and domestic abuse suffered, using an alias, without disclosing identities.
  • Ms M is permitted to speak at events facilitated by relevant organisations using an alias, subject to safeguarding anonymity.