Lily Brett writes for Family Law Week on the case of M v F & Anor [2024] EWFC 219 (B). This article is available on the Family Law Week Website.
The article summarizes the recent judgment in the case of M v F & Anor, focusing on the court's handling of a 17-year-old boy, C, with cerebral palsy.
The case revolved around whether C had the capacity to make decisions about contact with his father and whether his wishes should be given significant weight. The court determined that C did have the capacity and emphasized the importance of respecting his wishes, which were inconsistent but included a desire to spend time with his father.
The judgment emphasises the significance of a child's wishes in exceptional cases where a s.8 order is considered beyond the age of 16, particularly for vulnerable children. The court issued a final order requiring the mother to make C available for contact with his father, aligning with C's wishes while recognizing the challenges posed by his additional needs.
This article is available to view on the Family Law Week Website via subscription service here.
Lily Brett has over 6 years of experience in family law. she practices exclusively in family law, with a particular focus on private children law and financial remedy proceedings. Lily is frequently instructed in cases whereby multiple proceedings overlap, such as private children and financial proceedings (and injunctions), providing her clients with the benefit of consistent counsel to ensure no stone goes unturned when dealing with each set of proceedings.
