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FCSS & Ground breaking Case Law

Family Court Support Service are proud to say, that not only are we directly involved in bringing successful results for our clients, but we have also managed to assist in achieving ground breaking case law and legal precedents. Through the extremely hard work and expertise we have been part of important legal cases which have become published into case law.

Below are the most recent and notable case laws that FCSS have been able to successfully achieve.

Cala and Daib, Re [2024] EWFC 1

At the Royal Courts of Justice, the Family Court reinstated unsupervised contact between the father and his children, the court declined to issue non-molestation and prohibited steps orders against the father, despite recommendations from the Family Court Advisor, and rejected a proposal to restrict the father from making further applications without permission due to insufficient evidence of harm.

Allegations that the father showed the children an anti-Islamic video were unsupported, with evidence suggesting the mother showed it instead. The court also in the strongest terms criticised CAFCASS, who hindered judicial proceedings and the fathers rights. Overall, the court aimed to balance the children's welfare with parental rights, emphasising the father's progress and the absence of immediate harm from further applications.

Precedents set

Raza v Gall [2023] EWFC 181

Raza v Gall [2023] EWFC 181 is a significant family law case addressing the issue of non-compliance with a court order regarding child contact arrangements. The mother, Gall, failed to comply with a court-ordered child arrangements order which required her to facilitate contact between her child and the father, Raza. The mother was handed a 28 days suspended prison sentence, this case sets an important precedent for handling non-compliance in family court orders.