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Kenworthy's Chambers

Sarah Cook Successfully Represents Mother in “Exceptional” Case at Family Proceedings

by Kenworthy's Chambers 09/11/2017

Sarah Cook, our second sixth pupil, represented a mother who was a victim to domestic violence and was facing enforcement proceedings at the Family Court, brought by her former partner for allegedly breaching a Child Arrangement Order.

The enforcement proceedings were the latest in a history of proceedings brought by the father since 2011. It was apparent during cross examination that the father's conduct in bringing enforcement proceedings was an attempt to intimidate the mother. Sarah persuaded the court that on the specific facts of this case, the mother had a reasonable excuse for failing to comply with the order and that no enforcement order should be made.

Sarah was also successful in further persuading the court that a section 91(14) Order should made to prevent the father making further future applications for an order under Children Act 1989 without leave of the court. Due to the restrictive nature of a 91(14) order, they are the exception not the rule. However, after hearing the submissions, the court considered the facts of this case "exceptional" and the order justified.