This is a very recent Court of Appeal Judgment in which there was a successful appeal of a fact-finding judgment in private law proceedings: A (Children) Re  EWCA Civ 74 This particular case involves transnational marriage abandonment, an issue that the court appears to be grappling with more and more frequently. This a case, … Continue reading
Here are a couple of interesting recent examples of successful Human Rights Act claims against Local Authorities in respect of care cases: BT & GT (Children: twins – adoption)  EWFC 76 This is a High Court case in which Keehan J granted two applications for adoption in respect of twins who had been placed … Continue reading
The President has issued further guidance on cases involving parents with learning difficulties: President’s Guidance Family Proceedings: Parents with a Learning Disability, 10th April 2018: He refers to the leading cases: Re D (A Child) (No 3) (2016) EWFC 1: http://www.familylawweek.co.uk/site.aspx?i=ed158421 and Re Guardian and A (Care Order: Freeing Order: Parents with a Learning Disability) … Continue reading
On Thursday 14th September 2017 the President, Sir James Munby released a Circular about the Cobb Review of PD 12J (commissioned by the President and published in January 2017). Mr. Justice Cobb had also published a draft amended PD 12J with his review, which I addressed in an earlier article for Family Law Week. The … Continue reading
Marie Crawford and Gayle Ashley will be presenting a seminar at the View Hotel, Eastbourne on 20th September 2017 from 3.45pm. This seminar will cover a range of topics within Family Children Act proceedings, please contact email@example.com for more information or to book a place.
Family analysis: In C v G, a mother successfully sought the return of her two children from Madagascar where they were living with their father after being wrongfully removed from the UK. Marie Crawford, barrister at Becket Chambers, explains why the judgment is helpful in restating the law in this area of family practice. Original … Continue reading
Marie Crawford considers the orders a court might make at a first hearing dispute resolution appointment. I decided to look in detail at the First Hearing and Dispute Resolution Appointment as a result of a recent experience in a Tier 1 family court, where there appeared to be some confusion as to what orders the … Continue reading
The presumption of contact can now (explicitly) be displaced As a result of the work of the All Party Parliamentary Group on Domestic Violence (APPG) after the publication in January 2016 of the influential Women’s Aid report entitled ‘Nineteen Child Homicides: What must change so children are put first in child contact arrangements and the … Continue reading
Having only done a few FDAC cases in Kent so far, it may be too soon to tell, however I have to say that my experience of the process and that of my clients was extremely positive. For a guide to FDAC, how and why it was set up and what it does, you cannot … Continue reading
Initiated by the President (Munby, not Trump!), the Sussex Settlement Conferences pilot begins in January 2017, beginning in Brighton but with the aim of extending across Sussex. This new process can be applied to any Family Law case – public or private – to aid resolution. It seems that the potential for the process to … Continue reading
I was reminded recently in a case that it is possible to obtain financial support under Schedule 1 of the Children Act 1989 in certain circumstances. The facts in my case were that the Parents were divorced and there had been no financial orders made. The Father had the care of the children on an … Continue reading
Having done my first enforcement application this week, I thought I would share this on the blog. Thankfully, these are fairly rare applications, ones that go beyond the first appointment at court are at any rate This is usually enough to bring the ‘offending’ party back into line. I represented a Father who had obtained … Continue reading
I am very gratified in seeing the recent case of M v F (Covert Recording of Children) (2016) EWFC Peter Jackson J, were he gives yet another insightful and sensible judgment, this time in relation to the recording of children. I, like many other family practitioners I am sure, have had to deal with this … Continue reading
Marie Crawford’s most recent article has been published in Family Law Week, it considers the disconnection between theory and practice in making applications to adduce expert evidence.
Part 25 Applications – A Practical Guide It could be said that this subject is not the most newsworthy area of family law at the moment, or the most attention-grabbing in terms of case law. Although having said that, there has been a recent Court of Appeal case on this very subject, which is factually … Continue reading
In light of recent headlines last week about the abduction of a 3 year old child by his Mother Rebecca Minnock, child abduction is very much in the news. In this article Marie Crawford looks at abduction by removal to a Hague Convention country and the most sweeping changes to this area of law made … Continue reading