The court expects those involved in family proceedings, whether the case concerns money or children, to make a ‘serious effort’ to resolve their differences before proceedings are issued. In a case involving assets valued at up to £29m, Knowles J also made clear in her ruling that this expectation continues ‘at any stage of the …
Continue reading “Mediation – costs; court expectations”
Giving judgment in Re X (see previous entry) Knowles J noted the upcoming changes to the FPR 2010 (which are in force from 29 April 2024) ‘will give an added impetus to the court’s duty in this regard’. The amendments to Part 3 FPR in relation to MIAMs and non-court dispute resolution are introduced under …
Continue reading “Procedure – mediation”
In this article, family barrister Nick Brown from St Philips Chambers, Birmingham comments on the issue of threshold findings in care proceedings and the criminal standard of proof. He writes in light of a 2023 family court ruling following an application to reopen findings of fact. In 2016 HHJ Orrell found ‘to the criminal standard’ …
Continue reading “Care proceedings – fact findings”
The judge made a care order – an order which was not open to her in law. It had been made applying the wrong statutory principles and without carrying out the proportionality assessment stipulated by case law. M had five children and appealed the care order in respect of her baby (J). This is a …
Continue reading “Adoption – care orders”
The procedure for requests for clarification following a ruling is being misused – it is intended only to avoid unnecessary appeals being launched on grounds of absence of reasons. In this case, the LA appealed findings made in care proceedings. The LA had raised several requests for clarification, the scale of which the CA described …
Continue reading “Findings of fact – clarification of reasons”
F appealed an order allowing M to withhold relevant evidence from him in private law family proceedings. The proceedings involved two children, aged 12 and 8, who had been staying with F for six nights a fortnight and half of the school holidays. He now wanted parity and a shared live-with order. However, M argued …
Continue reading “Private children proceedings – disclosure”
This is a prescient case of a type that family practitioners are likely to see more of in the coming months. F lived in Ukraine and applied for an order under s8 CA 1989 that the children, 16 and 11, be allowed to go to Ukraine to visit him over Easter or the summer holidays …
Continue reading “Contact order – Ukraine”
The fact that an LA has brought CA 1989 Part IV proceedings does not, by itself, give it or the court licence to intervene in every aspect of a child’s life. In this case, the LA concerned failed in its bid for an order for DNA testing and a declaration of parentage in the course …
Continue reading “Care proceedings – declarations of parentage”
A legally valid decision can only spring from a fair hearing; if a hearing is unfair a judgment cannot stand. In this case, an order had been granted for indirect contact between P and his paternal grandparents (the appellants) once a month in the form of photographs, cards, presents and letters. F was serving a …
Continue reading “Evidence – fair hearing”
If a court grants permission under s13 MFPA 1984, having heard only the applicant and without notice, the other party has an absolute unfettered right to apply to have the order set aside. The applicant still has the burden of showing ‘substantial ground’ for making the application. The parties married in Russia in 1983 where …
Continue reading “Financial remedies – procedural fairness”