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11th Apr 2025 | Cases
Sian Cox, instructed by Fort & Co, appeared for the mother and Alex Perry, instructed by Reeds, for the children in Royal Borough of Windsor and Maidenhead v The Mother & Ors [2025] EWFC 82 (B). This decision deals with an application by the mother to keep certain information confidential from the father following the extensive findings made against him in CA, CB and CC (Fact Finding: Coercion and Sexual Abuse) [2025] EWFC 29 (B).
The mother sought to keep the details of her recently diagnosed illness, proposed treatment and proposed relocation of herself and eventually the children in Country X confidential from the father. The grounds for the application were the emotional distress it would cause her for the father to know this and the risks to her and the children’s safety. The judge refused the application on the basis that (1) it was relevant for the father to know the information and he could not fairly participate in the proceedings without it and (2) it was possible to put in place protective measures for the mother such as a non-molestation order and an order for the surrender of his passport. The judgment considers London Borough of Barking & Dagenham v RM [2023] EWHC 1879 (Fam), Re B (Disclosure to other Parties) [2001] 2 FLR 1017 and Re T (Children: Non-Disclosure) [2024] EWCA Civ 241 in framing the test to be applied to such an application.