Latest updates
- Contrary to court orders, the father had wrongfully taken his son – a young man of nineteen with profound learning disabilities – to live in the USA. The mother sought an order for his return to the UK. Russell J DBE held that there were grounds for finding that a return to the UK was not in the young man's best interests. The child's future as an adult lay in the USA and these proceedings were to come to an end in recognition of that fact. The appropriate forum for any future litigation was the court in Texas. Judgment, 15/04/2019, free
- The father appealed against an order which prevented him from bringing further applications for contact or residence for three years. The judge had found that the children would suffer emotional harm if required to have direct contact with the father, who had completely lost sight of their welfare. Longmore, Peter Jackson and Coulson LJJ dismissed the appeal. Judgment, 09/04/2019, free
- The father of a twenty-one-year-old woman, who had served time in prison for his behaviour towards the mother, sought to vary a non-molestation order that prevented him contacting the daughter. The daughter was opposed to any contact, other than through her solicitors. Williams J saw no merit at all in the application. Judgment, 09/04/2019, free
- The father appealed from a finding that he had sexually abused his daughter, on the basis that the judge had failed to apply the relevant legal principles to the evaluation of the child's evidence. Williams J found that the judgment was flawed and remitted the matter for further hearing, stating that "in relation to allegations of sexual abuse of young children the court must not only deploy the generic fact-finding approach but must in particular identify the need for special care to be taken in evaluating the reliability of the evidence of young children". Judgment, 03/04/2019, free
- Parental responsibility after the separation of an unmarried same-sex couple who were not in a civil partnership, in circumstances where the prescribed HFEA forms were not completed due to an error at the IVF clinic. This had consequences for maintenance assessments and the child arrangements order. Theis J made the declaration of parentage sought by the applicant. Judgment, 29/03/2019, free
Latest know-how
- In brief: A preliminary ruling from the ECJ determined that in order to establish habitual residence under Article 8 BIIR, a child must be physically present in the member state. The circumstances of the child being physically present elsewhere are irrelevant. This was a referral from the English High Court where the father ("F") had allegedly coerced the mother ("M") into remaining in Bangladesh with the child, potentially in breach of their ECHR rights. Case note, 17/12/2018, members only
- The Romanian court sought a preliminary ruling from the European Court of Justice about interpreting Article 15 where two member states have jurisdiction, one under Article 8, the other under Article 12 Case note, 17/12/2018, members only
- Promulgated on 9th November 2018 Order, 13/11/2018, free
- Promulgated 9 November 2018 Order, 13/11/2018, free
- Promulgated 9 November 2018 Order, 13/11/2018, free
Latest training
- Recording of webinar first broadcast on 21st March 2019 Webcast, 26/03/2019, members only
- Recording of webinar first broadcast on 23 November 2018. Webcast, 29/11/2018, members only
- 12 questions on 3 cases summarised in the May 2018 Family Law Hub Digest CPD course, 05/06/2018, 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
- Mena Ruparel and Mark Penston unpick the complex task of understanding the different types of remuneration that might crop up in financial remedy proceedings. Webcast, 19/04/2018, members only
Latest sources
- The text of guidance requiring orders in non-financial cases to be drafted on the day of the hearing in the Central Family Court. In force from 12 November 2018 Practice direction, 23/11/2018, free
- Came into force on 23 July 2018 Practice direction, 27/07/2018, free
- Practice direction (external), 13/03/2018, free
- Updates Schedules of contracting states SI, 20/07/2017, free
- Amendments concerning children as parties under the Family Law Act 1986 and changes to procedure and status of applications to set aside financial remedy orders. In force from 3 October. SI, 12/09/2016, free
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