When should care orders be made for children living at home? New Court of Appeal guidance

by Julie D | Aug 30, 2023 | Analysis, Cases, FCReportingWatch

The President of the Family Division has issued guidance on when a care order is  the right order for the court to make although the children are to live at home with their parents. In other words, there is no imminent plan to remove the children under a care...

Holding a fact finding hearing in the absence of the perpetrator

by Julie D | Aug 6, 2023 | Cases, Comment, Explanation, FCReportingWatch, Legal blogging, Reporting Pilot

I recently attended a hearing at Cardiff Family Court as a legal blogger under the Reporting Pilot, in the hope of finding out more about QLRs (under the ‘qualified legal representative’ scheme), as we discussed in this post: What’s a QLR and what’s all the fuss...

Contempt of court – yet more confusion and inconsistency over naming of guilty party

by Paul M | Aug 1, 2023 | Comment, Court of Protection, Explanation

Yet again a judgment in a contempt of court case has revealed problems around transparency and open justice. The case is Esper v NHS North West London Integrated Care Board [2023] EWCOP 29; [2023] WLR(D) 300, and is a decision of Mr Justice Poole. This case has also...

Should a 14-year-old instruct his own solicitor? – new Court of Appeal judgment

by Julie D | Jul 30, 2023 | Cases, Explanation, FCReportingWatch

This lengthy judgment (82 paragraphs) from Peter Jackson LJ should prove invaluable as a summary of the law and guidance on children’s competence to instruct their own lawyers. It is also useful in considering communication directly between children and judges. The...

GROUNDHOG DAY

by Guest Post | Jul 6, 2023 | Analysis, Comment, FCReportingWatch, Transparency News

A response to the Report of the Financial Remedies Sub-Group of The Transparency Implementation Group This is a guest post by Sir James Munby in response to the report of the Financial Remedies Sub-Group of the Transparency Implementation Group, which can be read...

No anonymity for contempt against family court

by Paul M | Jun 6, 2023 | Analysis, Cases, Transparency News

The decision in EBK v DLO [2023] EWHC 1074 (Fam) was reported in the local press as ‘Royal marine fails in contempt proceedings against ex-partner’. The case involved a lengthy history of disputes over contact, allegations of domestic abuse, employment sanctions, and...