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resort’. 156 In Re A (Residence Order) Coleridge J called it an ‘essential weapon or tool …. It may indeed be a case of putting a gun to a parent’s head to force him or her to rethink’

threshold is met in Ella’s case. In the home, she appears to be suffering from emotional and physical neglect at a time when good quality care is essential to her development. But the

situations outlined in the scenarios in this chapter, detriment is an essential element. There are a small number of cases in which it is not unconscionable to deny a remedy even when

Alfie Evans case came soon after the case of Charlie Gard, another highly controversial case that attracted much attention internationally as well as in the UK. Key Case Great Ormond

cent of cases in her study of court records, and that in most cases where a pension order was made the parties were in their early 50s, in contrast to non-pension order cases where on

of order will achieve the essential end of promoting the welfare of the child. Separation is only to be contemplated if immediate separation is essential to secure the child’s safety:

at the leading cases, all of which involve the removal of PR from fathers as opposed to any other category of PR holder. We start with Key Case Re P. Key Case Re P (Terminating

the house or buying herself a car. 112 In looking at those cases in which the primary carer is on benefits, it is essential to understand the impact on means-tested benefits where receipt

tting cases discussed in this chapter, especially in relation to the behaviour ground, but the most important case, which includes a detailed discussion of the previous case law, is

Was this, in reality, simply a case of marriage breakdown in which the Appellant was not genuinely in fear of her husband; or was it a classic case of domestic abuse, in which one

reconcile the reasoning in some cases with the reasoning in others. 81 We can see this by comparing two cases. • Gereis v Yagoub 82 is a case in which the parties had ‘married’

public family law cases is analogous to the distinction often applied to civil and criminal cases. That is, civil cases are analogous to private family law cases in that they relate

go to a family centre on specified days. In such cases, cooperation from the persons looking after the child is normally essential if the supervision order is to work. Consequently

each features of this case. Those features make the case sensitive, difficult and distressing, but none of them, individually or together, affect the essential approach of the court

resort’. 163 In Re A (Residence Order) , Coleridge J called it an ‘essential weapon or tool. … It may indeed be a case of putting a gun to a parent’s head to force him or her to rethink’

ownership of the home. Tomlinson LJ said: It is essential, in my judgment, to bear in mind that, in deciding in such a case what shares are fair, the court is not concerned with

rejected as a general theory because of its inability to accommodate fully the case of children’s rights. In the case of children at least, the interest theory is more apposite. As Michael

threshold is met in Ella’s case. In the home, she appears to be suffering from emotional and physical neglect at a time when good quality care is essential to her development. But the

finally resolved in the joint names case of Hudson v Hathaway , albeit probably obiter dicta. The Court of Appeal yet again held that detriment was essential. Lewison LJ found that in Stack

exceptional cases. Indeed, those cases where the principle was successfully invoked were cases in which ‘justice cried out for a remedy’. 703 This, however, was not one of those cases. This