High Court dismisses appeal in sensitive gunnercooke Children Act case

Prem Ahark, gunnercooke Family Law Partner, and her assistant solicitor, Beth Hothersall, recently acted for the father in a complex and sensitive matter under the Children Act, successfully resisting an appeal brought by the mother.

The High Court appeal, heard before Mr Justice McKendrick, challenged two key aspects of an earlier decision made by Her Honour Judge Nott, namely, the approval of family-supervised contact rather than professional supervision, and the Judge’s decision to reserve future hearings to herself.

The judgment followed detailed submissions and a careful review of the lower court’s reasoning. Mr Justice McKendrick upheld the decision of Her Honour Judge Nott, finding that she had appropriately considered all the relevant evidence, including expert and Local Authority reports, and had exercised her judicial discretion soundly in both respects.

Importantly, the High Court recognised the positive development of contact between the father and the children and noted the absence of significant safeguarding concerns that would warrant professional supervision. The Judge also confirmed that there had been no procedural irregularity in Judge Nott’s decision to retain case management of the proceedings.

Prem Ahark added: “We are pleased to have delivered a positive outcome for our client, even in one of the most sensitive and emotionally charged family law cases. We’re proud to have secured a judgment that allows for continued, meaningful engagement between parent and child.”

You can read more about Prem and her work here: https://gunnercooke.com/people/prem-ahark/