Trinity Family and Matrimonial Finance barrister, Patrick Goodings successfully appealed an order for an interim move of the children, citing, amongst other grounds of appeal, the lack of any application of Practice Direction 12 J by the Judge at the first instance.
In A Child (Application of PD12J) [2021] EWFC B59 (6 October 2021) a Mother moved out of the family home and sought help from a refuge in the North of England, at the same time she made a number of extremely concerning allegations against the father. The Judge at first instance ordered that the children return to the Dorset area, and if the Mother refused or did not come with them, he ordered a suspended transfer of living arrangements providing for them to live with the father.
The Mother appealed this order and ultimately the order was set aside. The parties and the Judge were joined by an accredited press representative who reported on the appeal process. The case underlines the importance of adhering to the Practice Direction and gives an interesting commentary on coercive and controlling behaviour.
Patrick has been recognised in the recently published Legal 500 2022:
‘Patrick has an excellent capacity for putting parties and witnesses at ease. He always strives to ensure that fairness is achieved for vulnerable parties. He always demonstrates willingness to go the extra mile for his clients and represents them fearlessly and with endless energy’.