Evidence, Practice and Procedure: Contact, European Convention 1950, Art 8 and assessment of parents’ evidence

In two very different contact disputes the Court of Appeal has recently looked at parents' appeals partly in the light of Convention for the Protection of Human Rights and Fundamental Freedoms 1950 Art 8 (right to respect for family life) though in each case for different reasons. On the father's appeal the court's criticism in Re A (A Child) [2013] EWCA Civ 1104 was mostly of the failure of the court system over a long period of time to give due consideration to the Art 8 rights of an ‘irreproachable' father and his 13 year-old daughter. He had therefore been deprived of contact to his daughter over a long period of time against the unjustified hostility of the mother.

 McFarlane LJ gave the lead judgement. He allowed the appeal and held as follows:

 [65] Standing back therefore and looking at the process from October 2011 as part of the...

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