RJ v Tigipko

RJ v Tigipko

There is a reasonable prospect that allowing publicity will encourage compliance with court orders and serve the children's best interests; the paramountcy principle requires the decision to be based exclusively on the children's welfare.

Parties
Applicant: RJ; 1st Respondent: Ganna Tigipko; 2nd Respondent: Sergiy Tigipko; 3rd Respondent: Vaicheslav Baikovskyi; 4th & 5th Respondents: SJ & VJ (by their Children’s Guardian Sarah Brooks); Interested Party: Associated Newspapers Ltd; Interested Party: Times Newspapers Ltd; Interested Party: British Broadcasting Corporation
Jurisdiction
England and Wales
Judgment Date
25 January 2019
Procedural Posture
Family Law Child Arrangements and Publicity Application / Judgment on Application to Relax Reporting Restrictions
Outcome
Application to relax reporting restrictions granted, subject to deferral.
Legal Topics
Child Arrangements, Wardship, Reporting Restrictions, Hague Convention Enforcement, Publicity in Family Proceedings
Family Law International Child Abduction Media Law Child Arrangements Wardship Reporting Restrictions Hague Convention Enforcement Publicity in Family Proceedings

Case Brief

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Parties

RJ

Applicant

Ganna Tigipko

1st Respondent

Sergiy Tigipko

2nd Respondent

Vaicheslav Baikovskyi

3rd Respondent

SJ & VJ (by their Children’s Guardian Sarah Brooks)

4th & 5th Respondents

Associated Newspapers Ltd

Interested Party

Times Newspapers Ltd

Interested Party

British Broadcasting Corporation

Interested Party

Procedural Posture

Family Law Child Arrangements and Publicity Application / Judgment on Application to Relax Reporting Restrictions

Legal Issues

  1. 1 Whether reporting restrictions should be relaxed to allow publicity as a coercive measure to encourage compliance with child return orders
  2. 2 Whether publicity is in the best interests of the children
  3. 3 Whether the Ukrainian judicial system's efficiency or probity affects enforcement

Ratio Decidendi

There is a reasonable prospect that allowing publicity will encourage compliance with court orders and serve the children's best interests; the paramountcy principle requires the decision to be based exclusively on the children's welfare.

Court Disposition

Application to relax reporting restrictions granted, subject to deferral.

Orders

  • Seven days after promulgation of judgment, or upon determination of any appeal application, the press may report the judgment; mother, her husband, and maternal grandfather may be named and photographed; children and father may not be named.
  • MGF's application to be discharged as a party refused.