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- The judge had ordered a change of residence for the son, but there had been direct communication between the judge and the National Youth Advocacy Service without the parents' knowledge, including a telephone conversation during a break in the hearing. Newton J understood how the judge reached the conclusions which she did, but the hearing was fundamentally flawed and the appeal was allowed. Judgment, 26/06/2019, free
- Court-ordered contact arrangements had broken down, and so the father lost credit for shared care and the Child Maintenance Service increased the amount of his weekly payments. He appealed against this. AI Poole QC, Judge of the Upper Tribunal, understood the father's frustration but refused the appeal. To do otherwise in this situation would not be in the interests of the child. Judgment, 31/05/2019, free
- The father had difficulties with anger management, volatility and aggression. The circuit judge had made a child arrangements order, including orders for supervised contact, non-molestation and prohibited steps, against which the father had, following a course of therapy, unsuccessfully appealed. He now appealed with regard to the fairness of those hearings. Baker LJ found that there had been no indication to the father, a litigant in person, that the court would be making orders in respect of his future contact or concluding the proceedings. The summary dismissal of his appeal had also been wrong. The two hearings together represented an unwarranted infringement of his rights to a fair hearing. Peter Jackson LJ agreed, and the matter was remitted for a further hearing. Judgment, 28/05/2019, free
- The mother challenged the recognition of a Dubai divorce, because she sought to vest the courts of England and Wales with jurisdiction to make orders in respect of the child. Moylan LJ found that the judge had conducted an extensive analysis of the evidence, and the analysis had not been shown to be partial or to give insufficient weight to the mother's situation. The judge was entitled to decide that the mother had had "a full opportunity to participate" in the process, and that the recognition of the Dubai divorce should not be refused. Baker LJ agreed. Judgment, 08/05/2019, free
- After some delay, the mother sought permission to appeal against an order for the child to live with his father. Williams J reviewed the expert evidence and stated that almost every judge would have reached the same conclusion on the evidence available. The appeal was dismissed. Judgment, 01/05/2019, free
Latest know-how
- In a tweet: Proper approach when accused is to cross-examine their accuser Case note, 26/10/2018, members only
- President's Guidance announcing promulgation of the long awaited standard orders for children cases Practice note, 07/06/2018, free
- In a tweet: A flimsy recommendation by the guardian almost derails a CAO in a parental alienation case Case note, 19/01/2018, members only
- A successful appeal in relocation proceedings where the decision of the trial judge, who had refused the mother's ("M") application to relocate, was restored. Case note, 19/01/2018, members only
- In a tweet: Unsuccessful appeal against a living with order Case note, 19/01/2018, members only
Latest training
- Recording of webinar first broadcast on 21st March 2019 Webcast, 26/03/2019, members only
- Roshi Amiraftabi of 29 Bedford Row, reviews the key private children law cases, themes and practice developments from the past 12 months. Webcast, 31/05/2018, members only
- Recording of webinar broadcast live on 23 February 2017. Webcast, 02/03/2017, members only
- 12 questions to accompany Charlotte Trace's lecture on s8 and 11 CA applications CPD course, 06/09/2016, members only
- In this webcast, which was recorded on 1 September 2016, Charlotte Trace, barrister at 29 Bedford Row, takes us through how to make private law Children Act applications, principally applications under section 8 of the Act (namely for contact, residence, specific issue and prohibited steps orders) and applications under section 11 for contact activity directions and conditions, and for enforcement. Webcast, 02/09/2016, members only
Latest sources
- Came into force on 23 July 2018 Practice direction, 27/07/2018, free
- This order makes amendments to secondary legislation in consequence of s.12 Children and Families Act 2014, which removes the definition of “residence order” and “contact order” in s. 8(1) Children Act 1989 and introduces a new order, the “child arrangements order”. SI (external), 04/06/2014, free
- Form (external), 01/04/2010, free
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