Posts
New ‘Parents Promise’ Initiative launches
More couples discuss what they would do if they won the lottery than how they would co-parent their children in the event of separation, says the Positive Parenting Alliance – a coalition of over 20 children’s mental health charities, separated parenting groups,...
Domestic Abuse Guidance Note To Be Updated
We've had really good feedback on our Domestic Abuse Guidance Note. However, in light of recent changes in the law and guidance (in particular the Domestic Abuse Act and the appeal in Re H-N), we will be revising this guidance note over coming months. For those...
Domestic Abuse Act 2021 – What does it mean for Family Courts and the people using them?
The Domestic Abuse Bill became law on 29 April 2021 and is now known as the Domestic Abuse Act 2021. The Act is vast and wide ranging, and this post covers those parts of it which bear directly on the work of the family courts. There is lots more in it that we aren't...
From one President to another
This is the text of a submission to the President of the Family Division's Transparency Review made by Sir James Munby (former President of the Family Division), in advance of the oral evidence session scheduled for 17 May 2021. It is published here with kind...
Fairness to birth parents in adoption hearings
This case was an application by a birth mother for permission to appeal against a decision in the High Court that had refused her leave to apply to oppose an adoption order – Re S (A Child) [2021] EWCA Civ 605. Basically, she is asking the Court of Appeal to say the...
The necessity for a care order
I recently attended, as a legal blogger, a care hearing conducted in Wales by HHJ Gareth Jones. I’m not going to go into factual details of the case but will make some observations about process in virtual hearings from the point of view of a legal blogger, and about...
Family Court Reporting Watch Roundup
Welcome to this month's Roundup, where we correct, clarify and comment on media reports of family court cases, explain and comment on published family court judgments and highlight other transparency news MEDIA COVERAGE OF FAMILY COURT MATTERS The Express - Extended...
Discharging a party in a case – without telling them why
This newly published judgment, Re P (Discharge of Party) [2021] EWCA Civ 512 is interesting because ‘It appears that this is the first case in which a special advocate has been instructed in the Civil Division of the Court of Appeal’ [para 5]. A special advocate is a...
Financial Remedies Court – Survey for Litigants in Person
During the pandemic, many Family Court hearings have been held remotely by telephone and video. The Financial Remedies Court (which deals with the financial aspects for divorcing couples) is now considering whether such hearings should continue after the pandemic and...
Is there still any place for supervision orders?
'Yes', according to new research from the Nuffield Family Justice Observatory (NFJO). The purpose and effectiveness of this type of court order is currently being considered by one of the innumerable sub-groups of the Public Law Working Group. Now, the NFJO have...