Article archive :: Child Custody Helpline

Domestic Violence finding of fact

18/05/2011 22:16

The President of the Family Division has reissued the Practic Direction on Domestic Violence in the light of Re B (Children) [2008] UKHL 35, to clarify that a fact-finding hearing is part of the process of trying a case and is not a separate exercise. The amendments serve to...

Practice Directions President's Direction on Representation of Children in Family Proceedings rule 9.5 guardian

18/05/2011 22:03

The Principal Registry of the Family Division Representation of Children in family proceedings President's Direction Pursuant to rule 9.5 of the Family Proceedings Rules The proper conduct and disposal of proceedings concerning a child which are not specified proceedings...

wishes and feelings Mabon v Mabon & Ors [2005] EWCA Civ 634

16/04/2011 17:49

Appeal to allow independent representation of children under r 9.2A of the FPR 1991 Case No: B4/2005/0558 Neutral Citation Number: [2005] EWCA Civ 634 IN THE SUPREME COURT OF JUDICATURE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM SALISBURY COUNTY COURT HIS HONOUR JUDGE...

family justice review interim report

08/04/2011 16:34

family-justice-review-interim-report.pdf (2,4 MB)

Appeal against an order transferring residence from the mother to the father. Appeal dismissed.

29/03/2011 19:12

A (A Child) [2007] EWCA Civ 899 __________________________ Case No: B4/2007/0796 Neutral Citation Number: [2007] EWCA Civ 899 IN THE SUPREME COURT OF JUDICATURE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM CANTERBURY COUNTY COURT (MR RECORDER PULMAN QC) (LOWER COURT No....

C (A Child) [2011] EWCA Civ 72 Application for permission to appeal the refusal of leave to remove a seven year-old girl, I to go to live in Australia. Application refused

29/03/2011 11:46

Application for permission to appeal the refusal of leave to remove a seven year-old girl, I to go to live in Australia. Application refused. The mother had recently married a man who, although English, had lived in Australia for 23 years. She wished to live with him in Australia,...

Practice Guidance: McKenzie Friends (Civil and Family Courts) 2010

29/03/2011 11:42

1 It is issued as guidance (not as a Practice Direction) by the Master of the Rolls, as Head of Civil Justice, and the President of the Family Division, as Head of Family Justice. It is intended to remind courts and litigants of the principles set out in the authorities and...

recent case law from the court of appeal

29/03/2011 09:55

C (A Child) [2011] EWCA Civ 261 Court of Appeal: the Court should ensure that all avenues have been exhausted before concluding that contact should be terminated. In difficult cases the attendance of the CAFCASS officer may be required even if it leads to an adjournment; it may be...

Emergency Protection Orders (EPO) - Section 44 Children Act 1989

22/01/2011 19:35

These orders are obtained from the court to ensure the short term safety of a child. Any person can make an application including a local authority or other authorised body. The court will only make the order if they are satisfied that there is reasonable cause to believe that the child is...

Application by father for return of three children to the Republic of Ireland under the Hague Convention. Application failed.

22/10/2010 15:33

W v W [2010] EWHC 332 (Fam) Application by father for return of three children to the Republic of Ireland under the Hague Convention. Application failed. The mother was English and the father Irish and they married in October 2007 after cohabiting for several years. The children were 8, 6...

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