KRD v PTL
[2023] EWHC 1952 (Fam)
A Father v A Mother & Anor
30 November 2023
[2023] EWHC 3068 (Fam)
High Court
A mom took her child to another country after a long fight over custody. Reporters wanted to tell the story, but the judge said the child and family should stay anonymous to protect their privacy. The judge let reporters share some of what happened, but not the names of everyone involved.
Key Facts
- •A mother abducted her child, A, to the Turkish Republic of Northern Cyprus (TRNC) after a long-running and highly contentious custody battle in the UK.
- •The father sought A's return to the UK, leading to numerous court hearings and orders.
- •The mother made serious allegations of abuse against the father and other professionals involved in the case, but refused to return A for investigations.
- •Three journalists applied for permission to report details of the private law proceedings, subject to anonymity provisions.
- •The case involved a complex interplay between the right to freedom of expression (Article 10 ECHR) and the right to respect for private and family life (Article 8 ECHR).
Legal Principles
Balancing of Articles 8 and 10 ECHR (right to private life and freedom of expression)
Re S (A Child) [2004] UKHL 47
Reporting restrictions under s97 Children Act 1989
Children Act 1989, s97
Court's power to dispense with s97(2) requirements if child's welfare requires it
Re Webster; Norfolk County Council v Webster and Others [2006] EWHC 2733 (Fam); Griffiths v Tickle [2021] EWHC 3365
Transparency Orders in Family Court proceedings, balancing openness and confidentiality
Re BR and Others [2023] EWFC 9; President’s Guidance on the Reporting Pilot
Outcomes
Permission granted for reporting of proceedings, subject to anonymity protections.
Balancing the public interest in reporting with the need to protect the child's and family's privacy.
Anonymity maintained for child A and family members to protect their privacy.
To uphold the right to respect for private and family life (Article 8 ECHR).
Naming of Cafcass Guardians and individual police officer deferred pending further argument.
Balancing freedom of expression with the Guardians' right to privacy; need for the police officer to respond.
Publication of maternal grandfather's name (involved in related criminal proceedings) subject to further court order.
Concern about potential ‘jigsaw identification’ of the child.