Posts
‘Why would you give me the power to make decisions about your children?’
This question was asked by HHJ Scannell at a private law hearing in Cardiff Family Court I attended last week. The judge explained to the two parents in dispute that she hoped they would take a problem-solving approach, in accordance with the Pathfinder principles....
Contempt of court by publication of information relating to family (children) proceedings – a simple question without a simple answer
We were asked a ‘simple’ question a while back about the law that protects the privacy around court cases about children. How long does the law preventing people talking about those cases carry on for? Can you say what you like as soon as the case is over? Or does...
THE PRESSING NEED FOR REFORM OF SECTION 12
This is a guest post by Sir James Munby, former President of the Family Division. For a summary of the issues raised in this piece please read this post: Contempt of Court by Publication of Information Relating to Family (Children) Proceedings - A Simple Question...
Cafcass new domestic abuse policy – an explainer
Last week, Cafcass in England announced and published a new policy about how they will make recommendations to court where domestic abuse is an issue. This is a brief rundown of what we think it will mean for parents and children facing family court proceedings. The...
Family Court Reporting Watch Roundup
Welcome to the Roundup, where we correct, clarify and comment on media reports of family law, explain and comment on published family court judgments, and highlight other transparency news. MEDIA COVERAGE OF FAMILY LAW, TRANSPARENCY etc The BBC reported that...
International contact after a defended abduction
This is the first full final hearing in a High Court case that we have attended and reported on as legal bloggers. It raises interesting issues about international abduction; the aftermath regarding international contact; and the differing perceptions of two...
The presumption and ‘contact culture’
A legal presumption was introduced into the Children Act 1989 in 2014 that, in a contact dispute between separated parents, the continued involvement of both parents in their child's life is in the child's best interests. This has become increasingly controversial and...
Contempt of Court : The Law Commission’s Consultation – A Response
This is Sir James Munby's response to the Law Commission's current open consultation. The consultation is open until 8 November. Sir James is the previous President of the Family Division. The Transparency Project will be submitting its own response (covering issues...
‘Have you thought about giving notice?’
It has taken five months for us to be able to tell this story. Ordinary cases matter. Open Justice shouldn’t be this hard.
Keep out! When justice cannot be seen to be done, how do we know it’s been done?
This is Paul’s account of how he tried and failed to observe a simple family court hearing in the magistrates court. Open Justice shouldn’t be this hard.