News

Summary Dismissal of F’s Application for Contact with Children in Care

SZ v Birmingham City Council & Ors (Children: Summary Dismissal) [2021] EWFC 15 The judgment concerned a father’s (F) application for indirect contract with his...

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Application for Reconsideration of an Order for Barder Event Refused

FRB v DCA (No 3) (Varying a Financial Order: Evidence) [2020] EWHC 3696 In March 2020 Cohen J made a final order in a long-standing...

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Financial Remedies Courts to become part of the permanent structure of the Family Court in England and Wales

Sir Andrew McFarlane, the President of the Family Division, has announced on the 24th February 2021 that the Financial Remedies Courts pilot project has now...

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Naming of Father on Birth Certificate of an Adopted Child

H v An Adoption Agency (Declaration of Parentage following Adoption) [2020] EWFC 74 The child in question (T) became the subject of care and placement...

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Similar Fact Evidence: Control and Coercion

F v M [2021] (Domestic Abuse: Similar Fact Evidence) EWFC 4  The need for fact finding arose in relation to the father’s (F) application for...

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Special Guardianship Rules and Choice of Religion

Salford CC v W and Ors [2021] (Special Guardians: Religion) EWHC 61 (Fam) In June 2017 it was agreed that the 5 children, aged 4...

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Dispute Between Parents Over Innoculations

M v H (Private Law: Vaccination) [2020] EWFC 93 In a private law dispute the father of two children, aged 6 and 4, sought a...

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Bulletin For Financial Remedies Practitioners from Mostyn J and HHJ Hess

To all Financial Remedies Practitioners Financial Remedies Courts now no longer ‘pilot schemes’ The Financial Remedies Courts (FRCs) are now up and running in 18...

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When Can An Order Be Amended Under The Slip Rule?

In IC v RC [2020] EWHC 2997 (Fam) Knowles J considered when an order may be amended under the slip rule (rule 29.16(1) FPR) in...

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Recusal by District Judge Following Fact Finding Hearing.

W (Children: Reopening/Recusal) [2020] EWCA Civ 1685 This case came to the Court of Appel on a mother’s application to appeal a decision to set...

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Step Parent Adoption

Re H (Step-Parent Adoption) [2020] EWFC 86  This case concerns an application for the adoption of a 17-year-old girl (H) under s.46 Adoption and Children...

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Purposive Interpretation of Time Limits:  Re A (A Child: Adoption Time Limits s44(3)) [2020] EWHC 3296 (Fam)

An application for the adoption of A, the child of the applicant’s cousin, was made when A was 17, she reached her majority in September...

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Consent Orders: CB v EB [2020] EWFC 72

This case concerned the application by CB, the husband to set aside two consent orders made in 2010 and 2013, relying on facts which did...

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H v An Adoption Agency (Declaration of Parentage following Adoption) [2020] EWFC 74

The child in question (T) became the subject of care and placement proceedings in 2015. Mr H was not named on the birth certificate but...

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Addendum to Practice Guidance on Unregistered Placements

President of the Family Division Issues Addendum to Practice Guidance on Unregistered Placements  On 1st December 2020, Sir Andrew McFarlane issued an addendum to the...

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Recent Decision on Joinder of Father in Care Proceedings

Father Refused Permission to Join Care Proceedings These care proceedings came before HHJ Middleton-Roy in November 2020.  They concern a boy K (9 months old)...

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Moutreuil v Andreewitch: Sentence for breaches of freezing injunction.

Moutreuil v Andreewitch & Anor (Contempt: Sentence) [2020] EWHC 3085 (Fam)  Mr Justice Cobb considered [read full report here] the appropriate sanction for “flagrant” breaches...

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MG v AG (Appeal Out of Time: Relief from Sanctions) [2020] EWFC B49

MG v AG (Appeal Out of Time: Relief from Sanctions) [2020] EWFC B49 Judgment before Mr Recorder Salter [read here].   An application by the ex-husband...

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All factors relating to a decision to allow relocation overseas must be properly analysed.

WS v KL [2020] EWHC 2548 (Fam) A father’s appeal against an order allowing a mother to relocate two young children to Hong Kong was...

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DFJ warns parties and lawyers engaging in “wasteful litigation”. Criticism and sanctions may follow.

Re B (A Child) (Unnecessary Private Law Applications) [2020] EWFC B44  HHJ Wildblood QC (the DFJ for Avon, North Somerset and Gloucestershire) released his judgment...

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Litigation Conduct: H’s needs put at risk

Rothchild v De Souza [2020] EWCA Civ 1215 The Court of Appeal dismissed an appeal of an order made by Mr Justice Cohen following financial...

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Hewson v Wells & Ors [2020] EWHC 2722 (Ch) No Costs Awarded on Discontinuance: CPR 38.6

Claimant’s Succesful Application for Order for No Order for Costs  –  Defendant’s Unreasonable Behaviour In this case the Claimant issued a Part 8 claim seeking...

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Standard Orders Volume 1: Financial and Enforcement Orders have been updated and republished as at 8th September 2020

Volume 1 of Standard Orders [Financial and Enforcement Orders] has been republished incorporating all amendments to 8th September 2020.   The previous Volume 1 (as at...

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Court of Appeal Re:N (Children Interim Order/Stay)[2020] EWCA Civ 1070 12.8.20

Neutral Citation Number: [2020] EWCA Civ 1070 Case No: B4/2020/0705 IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE FAMILY COURT AT COVENTRY...

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Mediation in Lockdown

MEDIATION IN LOCKDOWN In the current unusual circumstances caused by Covid-19 we have all had to think of new ways of working.   During the last...

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Inheritance (Provision for Family & Dependants) Act 1975: Six Month Deadline v Standstill Agreements

Inheritance (Provision for Family & Dependants) Act 1975: Six-Month Deadline and Standstill Agreements   The Inheritance (Provision for Family & Dependants) Act 1975 (‘the Act’)...

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Avoiding the Family Court Queue (Part 1)

How to avoid the Family Court Queue Part 1 : Family Law Arbitration Even without Covid-19, the queue for Final Hearings in family cases has...

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Changes to the Family Proceedings Rules

NEW FAMILY PROCEDURE RULES  (WHILE WE’VE ALL BEEN IN LOCKDOWN) While we’ve all been in ‘lockdown’ a whole host of amendments to the Family Procedure...

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Will Green : Part 1 of A Guide to Practitioner’s Software

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A Timely Update on the Family Law Act 1996

WHO CAN BE A RESPONDENT UNDER THE FAMILY LAW ACT 1996? There is a common misconception that an applicant cannot obtain a non-molestation order against...

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Interviewing of Minors: Best Evidence: Accept no Substitute

Re T (Children) [2020] EWCA Civ 507 (7 April 2020) This case reminds practitioners of the perils of not following the guidelines for interviewing minors...

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Vegetative Patients: Withdrawal of Life Support.

Vegetative patients and the withdrawal of life support. A Clinical Commissioning Group v P (by her litigation friend the Official Solicitor) and TD [2019] EWCOP 18...

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Proprietary Estoppel: When is a Promise a Promise: Guest v Guest [2020] EWCA Civ 387

Satisfying the Equity in Proprietary Estoppel: When is a Promise a Promise? When a claimant establishes an interest in land by way of proprietary estoppel,...

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Revised Draft Template for Recitals and Orders for Family Cases – 4th May 2020

REMOTE HEARINGS NOTES ON RECITALS AND ORDERS   INTRODUCTION The template wording as drafted by HHJ Jaren Lewis and approved by HHJ Lynn Roberts is...

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Re B (Children)(Remote Hearing: Interim Care Order) 23rd April 2020

Neutral Citation Number: [2020] EWCA Civ 584 Case No: B4/2020/0618 IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE WEST LONDON FAMILY COURT...

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RE P (A CHILD: REMOTE HEARING) [2020] EWFC 32 (corrected)

IN THE FAMILY COURT GUILDFORD                                         ...

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The Remote Access Family Court: MacDonald J: V4 (Dated 16th April 2020)

The Remote Access Family Court Mr Justice MacDonald Version 4 16 April 2020 (This document will be subject to regular amendment and re-issue) The aim...

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President’s Guidance: Affidavits/Statements of Truth in Non-contentious Probate (17th April 2020)

PRESIDENT’S GUIDANCE 1. This guidance is issued to assist the courts and practitioners in relation to the use of statements of truth as a replacement for...

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Guidance From The Legal Aid Agency: Working With Clients and Making Applications During the Outbreak (dated 14th April 2020)

Working with clients and making applications We understand in the current situation it may not be possible to meet clients in person. Your well-being and...

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The Right to Silence in Committal Proceedings

The Right to Silence in Committal Proceedings Don’t Let Your Omissions be the Grounds for an Appeal Re Andreewitch v Moutreuil [2020] EWCA Civ 382...

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