Mehvish Chaudhry in J (A Boy) and K (A Girl), In the Matter of (Re Children Act 1989 – Family Law Act 1996 Part IV) [2024] EWFC 77 (B)

1st May 2024 | Cases

Mehvish Chaudhry represented the appellant mother in J (A Boy) and K (A Girl), In the Matter of (Re Children Act 1989 – Family Law Act 1996 Part IV) [2024] EWFC 77 (B).

The mother made allegations of physical and emotional abuse, controlling and coercive behaviour and financial control, which had continued post separation. The mother also alleged that the father had directly caused physical and emotional harm to the children. The judge at first instance classified the parents as being in a ‘high-conflict’ relationship whilst living together and determined that the mother’s allegations no longer impacted on the welfare of the children. The judge therefore vacated the fact-finding hearing which had been listed to consider the mother’s allegations. The mother appealed against this decision.  

At the appeal hearing the court agreed with Mehvish’s arguments that the judge at first instance wrongly categorised the father’s alleged abuse as ‘historic’ and that the decision to vacate the fact finding hearing and to find that the mother’s allegations were unproven amounted to a summary dismissal of the mother’s allegations.

Appeal allowed.

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