• Wednesday, July 31, 2024
Success on Appeal for Trinity's Kate Fenwick & Mairi Clancy at the Royal Courts of Justice

Appearing before Sir Jonathan Cohen at the Royal Courts of Justice, Trinity Family and Children Law barristers, Kate Fenwick and Mairi Clancy successfully defended a fully argued appeal against the decision of HHJ Loveridge to permit a Mother to relocate to Canada with the children of the family.

The appeal arose out of highly acrimonious Private Law Children proceedings which have been ongoing since 2021, within which findings of domestic abuse of the Mother and physical abuse of the children were made against the Father. The Mother sought to relocate with the children to Canada in order to reunite with her support network and provide a better life for herself and the children.

The appeal centred on whether the Father’s relationship with the children had been given suitable consideration by HHJ Loveridge and, if so, whether the orders made were an adequate substitute for the UK-based regime of contact.

In defending the appeal, Kate and Mairi relied on the earlier findings made by HHJ Loveridge, the Father’s continued non-acceptance of them and the stymying impact his approach was having on his arrangements with the children. When viewed through that lens, Kate and Mairi argued that HHJ Loveridge was entitled - and justified on the evidence - to order only a limited regime of contact.

Accordingly, Sir Jonathan Cohen dismissed the appeal and upheld the decision of HHJ Loveridge, entitling the Mother and the children to relocate.

Kate and Mairi were instructed by Sara Stockdale of Hathaways Law.

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