Article archive

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...

Care Proceedings in case D EWCA 2010

01/10/2010 22:36
  D (A Child) [2010] EWCA Civ 1000 Care Proceedings: Whether the conclusions of a psychological assessment ought to prevail despite the absence of history of any significant ill treatment or harm and indeed over positive empirical evidence that mother and father had been observed to be coping...

Practice Direction: Allocation and Transfer of Proceedings

27/09/2010 14:37
  Practice Direction: Allocation and Transfer of Proceedings Issued on 3 November 2008 1.1 This Practice Direction is given by the President of the Family Division under the powers delegated to him by the Lord Chief Justice under paragraph 2(2) of part 1 of Schedule 2 to the Constitutional...

Cafcass says parenting classes help warring parents to put their children first

27/09/2010 14:28
  Cafcass says parenting classes help warring parents to put their children first Separated Parents Information Programmes keep families out of the courts, say Cafcass Following the criticism by Sir Nicholas Wall, President of the Family Division, of the damage caused by separating parents to...

In Re S [a child-transfer of residence

27/09/2010 14:26
  Re S (A Child - Transfer of Residence) Transfer of residence ordered in January 2010. Attempts to implement the transfer failed. The father consented to indirect contact only. Review of the case and issues arising from situations where a child is ‘alienated’ from one parent. S, aged 12, had...

wishes and feelings in relocation cases

27/09/2010 13:02
Wishes and feelings The Family Justice Council has produced guidelines for judges meeting children [April 2010]. In short the judge's function is not to elicit evidence but to help the child feel that their views have been heard. In June 2010 the author invited the judge to see two articulate...
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