We have a new Practice Direction 3AA which covers participation in proceedings for vulnerable person who will be required to give evidence, which is effective from February 2021 BRIEF SUMMARY OF IMPORTANT POINTS It is essential to seek a Ground Rules Hearing as early as possible in the proceedings. It is important to raise this … Continue reading
This is the section of the Act which gives the Court the power to restrict applications under the Children Act…it provides: “On disposing of any application for an order under this Act, the court may (whether or not it makes any other order in response to the application) order that no application for an order … Continue reading
It is always good to return to basics and remind ourselves of the fundamental principle that ‘findings of fact’ must be based on evidence, and this can include inferences that can properly be drawn from the evidence’. A reminder that it is not on suspicion or simply speculation. (RE A (Fact Finding: Disputed Findings) [2011] … Continue reading
What is the most ‘enduring’ or ‘the longest-lasting relationship’ you have…? It is with your siblings! Background: The case of Re H [2010] EWCA Civ 1200 revisited two important and developing principles in family law. The first is a child’s right to know who is within their family, an issue that is likely to become … Continue reading
An interesting case has arisen where ‘misuse and abuse’ of the use of a s. 20 agreement has occurred. Let’s first remind ourselves of the main case on this subject with which we are now familiar, Re N (Adoption:Jurisdiction) [2015] EWCA Civ 1112, [2016] 1 FLR 621, in which the President described the delay in … Continue reading
More and more we are getting clients who have started to record telephone calls, interviews, handovers, or ask us if they should do it…or not do it Covert recording in the world generally is on the up and up. Technology these days is becoming smarter and so are the people who seek to use it. … Continue reading
Some interesting case law regarding s. 20’s has hit the scene and it is worth reminding ourselves exactly what s. 20 is, and what it means for our clients: To remind ourselves of the law, and for ease, I have written out only the parts of the section which are generally what are needed to … Continue reading
This case has afforded an important decision as well as being an excellent opportunity to review and consider the principles to be applied in cases of relocation and the different approaches to internal relocation and international relocation cases. This was carried out by Lady Justice Black in her judgment which carefully reviews all the authorities … Continue reading