Article archive

Care Proceedings in case D EWCA 2010

  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...
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Practice Direction: Allocation and Transfer of Proceedings

  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...
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In Re S [a child-transfer of residence

  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...
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wishes and feelings in relocation cases

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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Case law Re Removal from jurisdiction

  CHILDREN — Removal from jurisdiction — Permanent removal — Mother with residence order applying remove child permanently from jurisdiction — Principles applicable — Whether child's rights first and paramount consideration — Whether presumption in favour of applicant — Whether proposed...
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Family law is based on bias and prejudice

  Bob Geldof: Family law is based on bias and prejudice   The law as it stands promotes pain, hurt and broken families, in direct contradiction to its purpose Thursday, 11 September 2003 Family law doesn't work. It is absurd, blunt and outdated. It is time that it was scrapped and...
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Mc kenzie friend in family proceedings

  N (A Child) [2008] EWHC 2042 (Fam) Judgment concerning rights of audience for McKenzie Friends in private children law proceedings. In the course of contact proceedings both the father and the mother had been assisted by McKenzie Friends for part of the proceedings. It was common ground...
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Children and adoption act 2006

  Children and Adoption Act 2006 - Court Rules Open date: 07 May 2008 Close date: 20 June 2008 Amendments to the Family Proceedings Rules 1991 This consultation seeks views on draft court rules and forms to support the implementation of the remaining provisions of the Children and...
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