Family practitioners should note the new Reporting Pilot Guidance issued by the President of the Family Division, replacing the January 2023 version. The guidance is intended to be authoritative for those taking part in the pilot, and sets out the basis of the now significantly expanded pilot. Source: www.judiciary.uk.
Unsupervised contact should not have been granted to F before a fact-finding hearing. The marriage, punctuated by two separations, ended in 2022. Proceedings started when F applied under s8 CA for a CAO and other orders, including a PSO. He later applied for a female genital mutilation protection order (FGMP) on the basis that if …
Continue reading “Children – private proceedings”
The courts in England and Wales continue to step up their encouragement towards mediation and NCDR between the parties. To that end, an updated guide on family mediation (particularly MIAMs) has been published by the Family Justice Council and Family Mediation Council. The refreshed guidance takes into account the strengthened MIAM requirements under the FPR …
Continue reading “Family mediation – guidance”
At issue on a case management appeal in private Children Act proceedings was whether a female expert should be instructed. The court had granted permission for an expert, who was male, to undertake a global psychological assessment of a 12-year-old boy and the parents. M’s application for this to be varied or discharged was refused. …
Continue reading “Experts – male psychologist”
The LA was refused an application for a placement order in respect of a four-year-old child. The decision was made at a final hearing where the court considered three realistic options: rehabilitation to the mother; long-term foster care; and adoption. In the guardian’s view, it was a finely balanced case, but while the court refused …
Continue reading “Placement order – balancing the options”
This was a ruling on cross-applications in the course of a very high-value FR dispute. H had built up significant wealth through several business ventures in his home country. In 2007, when the parties began cohabiting, his business wealth was at least £565m. However, he now claimed that war had ‘ravaged’ his finances – a …
Continue reading “Financial remedies – matrimonial rights”
A transfer of residence can be justified where there are genuine risk factors – usually where a child has suffered, or there is a significant risk of, serious physical or sexual harm. In this case, the LA was severely criticised by the court for the draconian way it secured the transfer of a child residence …
Continue reading “Children – transfer of residence”
Family lawyers will be interested in a new Commons research paper on child maintenance calculations under the statutory 2012 scheme, setting out how the CMS calculates maintenance payable. It includes what is defined as ‘income’ (can it be unearned income? for example); whether other income can change the calculation; how income figures are kept up-to-date; …
Continue reading “Child maintenance – calculations”
A girl appeared to have escaped an attempted forced marriage abroad. It was unclear which public body should take the lead in securing her return to the UK, where country X would only agree to her return if UK officials collected her. Cusworth J provides important observations and guidance on the roles of public bodies …
Continue reading “Practice – forced marriage”
The family judge failed to identify the perpetrator/s of serious traumatic injuries to a baby (B) in a fact-finding hearing – a failing that the CA ruled was wrong in law. B was one of three children who were in M’s care. This was a difficult case involving the injured nine-month-old who presented at hospital …
Continue reading “Children – fact-finding”