Latest updates
- Orders Nos 1.1, 1.2, 2.1, and 2.2. have all been revised, with the agreement of the President of the Family Division. News, 28/05/2020, free
- The parties lived together for about 20 years before separating, and had five children together, but never married. This was an application from the female partner for an order that the male partner be sanctioned for multiple breaches of a freezing order. He in turn argued that any breach of the freezing order was inadvertent. It was accepted by both parties that the relevant account was left depleted by the sum of £13,015.94. Cobb J found that the male partner's narrative was "simply implausible", and his explanations "contrived and disingenuous". He had treated the account as his personal account. He had breached the freezing order, and the breaches had been knowing and deliberate. Sanctions would be decided at a subsequent hearing. Judgment, 26/05/2020, free
- The father sought permission to appeal out of time against a district judge's finding of fact that he had abused his daughter. Francis J decided that the findings were so unsafe and their consequences so series that they could not be allowed to stand, despite the exceptional delay in appealing. He noted with surprise the district judge's assertion that the mother's counsel could conduct the cross-examination of the expert witness on behalf of the litigant-in-person father as well as the mother, a suggestion which Francis J said was "incorrect and plainly wrong". The expert had not been cross-examined on his misunderstanding of a previous judgment in the case, and in failing to depart from the expert's view the district judge fell into further error. The procedure adopted was irregular enough to cause injustice within the meaning of FPR Part 30. Permission to appeal out of time was granted, the appeal was allowed and the finding of fact set aside. The matter would be remitted for re-hearing by a High Court judge of the Family Division. Judgment, 19/05/2020, free
- Webinar to be broadcast on Wednesday 20th May, 1pm-2pm. News, 12/05/2020, free
- In his latest view, Sir Andrew McFarlane looks at how the court system had adapted to remote working and the 'recovery' phase of how we move out of the current lockdown. News, 11/05/2020, free
Latest know-how
- In a tweet: Names of the respondents made public in an attempt to shame them into returning children who had been removed from the jurisdiction in breach of a shared live with order. Case note, 04/11/2019, members only
- In a tweet: Child determined to have insufficient understanding to conduct an appeal independently of a child’s guardian. Case note, 04/11/2019, members only
- Hearing at which all allegations made by mother against father were held to be untrue and the judge stated that there ought to be an immediate resumption of direct contact. Case note, 04/11/2019, members only
- In a tweet: Competing jurisdiction case in which a father’s application for a stay of proceeding was dismissed. Case note, 04/11/2019, members only
- In a tweet: Mother’s appeal partially allowed to permit instruction of an expert child psychiatrist to assess contact as between M and the child. Case note, 04/11/2019, members only
Latest training
- Recording of webinar first broadcast on Wednesday 20th May 2020. Webcast, 21/05/2020, free
- Recording of live webinar, first broadcast on Wednesday 1st April 2020. Webcast, 02/04/2020, free
- Recording of webinar with Kelly Barnett, Senior Associate at Mills & Reeve & Helen Evans, Barrister at 4 New Square. This webinar was first broadcast on 29th January 2020. Webcast, 29/01/2020, members only
- Recording of talk given by HHJ Edward Hess at the At A Glance Conference, October 2019. Webcast, 09/12/2019, free
- Recording of webinar first broadcast on 29th November 2019. Webcast, 02/12/2019, 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
- Use this form to ask the President of the Family Division to authorise individuals working for the named charity to attend and report on family proceedings. Form (external), 01/10/2018, free
- Use this form if you have authority to attend and report on a family proceedings hearing. A form is needed for each hearing you attend. Form (external), 01/10/2018, free
- Came into force on 23 July 2018 Practice direction, 27/07/2018, free
- New Practice Direction on bundles, supplementing FPR Part 27, will come into force on 23 July. Practice direction, 20/06/2018, free