Archives: Family

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Children – fact-finding

October 2024 | Family

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 …

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Procedure – reporting pilot

October 2024 | Family

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.

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Children – private proceedings

October 2024 | Family

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 …

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Family mediation – guidance

October 2024 | Family

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 …

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Experts – male psychologist

October 2024 | Family

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. …

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Placement order – balancing the options

October 2024 | Family

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 …

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