Philip Newton's Children - Private Law (CAP) Cases

Shared care agreement for Father

Philip represented a Father in an acrimonious children dispute, where the Mother was making allegations of sexual abuse and withholding contact from him. Philip supported his client through the case, and all of the mother’s allegations were found not to have occurred. An Order was made that the children should live with both parents, i.e. Continue reading

Successfully dismissing a Father’s counter-allegations

Philip represented the Mother in an acrimonious contact dispute, where his client had made allegations of rape, threats to kill and strangulation as well as coercive and controlling behaviour by the Father. His client’s allegations were found proved and the cross allegation made by the Father were dismissed.  

Supporting a Mother in court against a controlling Father

Philip represents a Mother opposing the Father’s contact on the basis of his controlling and coercive behaviour. The case has so far only reached a directions hearing, but his sensitive representation and thorough preparation have been recognised by his client. Philip’s client, initially nervous about dealing with the controlling Father in court, felt that his Continue reading

Restricting contact with a controlling Father

Philip acted for the Mother and succeeded in preventing a very controlling father from having contact on his terms. Philip’s client and her children had set out preferred contact terms which included restricting summer time contact to just one week, and Philip was successful in persuading the Court to agree with their preference.

Protecting a child at risk of Female Genital Mutilation

Philip successfully acted for a Mother to obtain an order protecting her daughter under the Female Genital Mutilation Act. It was also necessary to obtain a further order preventing the Father from applying for a passport for the child so that she could not be removed from the country.

Jehovah’s Witness Dispute

Philip succeeded in settling by agreement a dispute between two parents of very different religious beliefs about the present and future upbringing of their child.

Shared residence

In circumstances where the children spent more time with the mother, and the mother’s case was that the father should only have a contact order, Philip was successful in obtaining an order that the children ‘live with’ both the father and the mother, ie the equivalent of the old shared residence order.

Care order for residence with a relative

Philip acted for a child’s aunt in fully contested residence proceedings. Although the courts almost always prefer the children to live with their parent, in this case he successfully obtained an order that the child live with the aunt. Even more unusually, the court was also persuaded that the mother should be subject to an Continue reading

Preventing Permanent Removal Abroad

Philip represented the mother and succeeding in opposing permanent removal, despite: the children living with the father quite serious findings against the mother the Cafcass Officer recommending that the father be given permission. After a long and complicated hearing requiring detailed knowledge of the immigration law of the receiving country as well as meticulous cross-examination Continue reading

Protecting a vulnerable mother

Philip represented a very vulnerable mother and succeeding in restricting the father’s contact to letters only because of the mother’s vulnerability and the father’s history.