The new family court reporting provisions have now been rolled out across all family courts in England and Wales as of 27 January 2025. The rollout, approved by the FPR Committee, follows a successful pilot which began two years ago. According to a judiciary statement, there have been no known breaches of anonymity in reporting …
Continue reading “Practice – reporting provisions”
A 16-year-old biological female (C) started to identify as male in 2020 aged 12 and now wished to commence cross-hormone treatment. M applied for a s8 prohibited steps order and a ‘best interests’ declaration under the court’s inherent jurisdiction. She then asked for an adjournment pending a six-month assessment of C by a private gender …
Continue reading “Children – cross-sex hormone treatment”
An LA has been severely criticised by a judge in the course of his ruling refusing a birth mother direct contact with a young girl. Adoption lawyers may be aware of a growing appetite for permitting direct contact post-adoption – but the judge in this case refused it for several reasons. A birth parent can …
Continue reading “Adoption – post-adoption contact”
This case illustrates how, in exceptional circumstances, the courts can significantly restrict a parent’s PR to protect a child from harm. This is achieved through the use of prohibited steps orders and specific issue orders under s8(1)CA. F had a history of violence, domestic abuse and coercive behaviour and had already been in prison for …
Continue reading “Children – domestic violence”
The courts will not set aside an adoption order unless there are highly exceptional circumstances. Here, the birth mother (A) sought to have adoption orders set aside in respect of 12 and six-year-old siblings (she had previously made several unmeritorious applications in relation to the children). A also applied for contact orders with the children. …
Continue reading “Adoption orders – revocation”
Disputes around relocation are likely to increase further as working parents travel further afield in the course of employment. In this case, the court allowed a parent to relocate with a young child in circumstances where commuting wasn’t a reasonable option. The welfare of the child remains, of course, of paramount importance to any such …
Continue reading “Relocation – child’s welfare”
Family practitioners will appreciate the expectations of the courts that litigants engage in mediation or alternative forms of non-court dispute resolution. Refusal to do so could have significant costs consequences (a point illustrated in several cases in recent times). The court is required by FPR r9.15(4)(b) to refer a case to a FDR appointment, subject …
Continue reading “Procedure – the requirement for non-court DR”
A trial pilot for the new domestic abuse measures has begun in Greater Manchester and the London boroughs of Croydon, Sutton and Bromley. Those measures are: Domestic Abuse Protection Notices – police can, in certain circumstances, issue a notice immediately following any incident of abuse. The perpetrator must be aged 18+ and be personally connected …
Continue reading “Domestic violence – new pilot”
In our July/August 2024 edition (p27) we referred to the Law Commission’s proposed consultation on whether the right to renew business tenancies, set out in Part 2 of the Landlord and Tenant Act 1954, is working and whether it meets the needs of business tenants and landlords. The first consultation paper has been released seeking …
Continue reading “Security of tenure – consultation”
Property practitioners must keep a close eye on the progress through the legislature of the Renters Rights Bill. Much legislation on leasehold and other matters has been proposed in recent years and has fallen by the wayside – but the government seems committed to this Bill which will see the biggest change to the private …
Continue reading “Renters Rights Bill – progress”