A child’s understanding to instruct a solicitor direct

In Re Z (A Child – Care Proceedings – Separate Representation) HHJ Bellamy sat in the Family Court and dealt with the wish of a 14 year old boy to instruct his own solicitor and to part company from his children’s guardian.

Full post: dbfamilylaw

The mediator and suspicions of harm to a child

‘Sharing’ of information about a mature child.

Full post: dbfamilylaw

Separate representation of a child – a thorny problem

It is well-established that in care proceedings, if a child is capable of instructing a solicitor and disagrees with the recommendations or conclusions of the Guardian that they can be separately represented, and have their own lawyer, who takes instructions directly from them.

Full post: suesspiciousminds

Reasonable financial provision for minor children: Ubbi v Ubbi [2018] EWHC 1396 (Ch)

Ubbi v Ubbi is a welcome and helpful decision that clarifies the approach to be taken to claims by minor children and provides useful guidance on the difference between claims under the 1975 Act and under Sch 1 Children Act 1989, and as to how matters such as housing needs, education costs and child care costs should be approached.

Full post: Equity's Darling

You would think this would go without saying… but it has been said

Re X and Y (appeal against care order) 2018.

Full post: suesspiciousminds

The use of experts in family court cases involving children – guidance note

We have written this guide for families and those working with and supporting them.

Full post: The Transparency Project

Tense – nervous, headache

Re K (A child : Threshold findings) 2018.

Full post: suesspiciousminds

14-year-old instructs his own solicitor in care proceedings

The Times published a story on 13 September under the headline, ‘Judge lets 14-year-old boy choose his own lawyer’.

Full story: The Transparency Project

Freedom versus responsibility when the Press report on care proceedings

On September 6th 2018 The Sun published an article ‘They Stole my Baby’ – Mum’s heartbreaking tale of how secret courts took her baby away forever – as we reveal children are being ripped from parents in record numbers.

Full post: The Transparency Project

Lord Chief Justice calls for more open justice

Judges should publish more judgments online, and they should engage more with the media, according to the Lord Chief Justice.

Full post: The Transparency Project

Court documents: Part 4 – documents for media and non-parties in family proceedings

This Part looks at how the law, as explained in the first three Parts, applies to documents and to non-parties in family proceedings.

Full post: dbfamilylaw

Court documents: Part 3 – what does the common law say?

This Part deals with the case of Cape Intermediate Holdings Ltd v Dring and its significance in relation to the documents concerned and their release to non-parties – but in open court civil proceedings.

Full post: dbfamilylaw

Court documents: Part 2 – the open justice principle

This Part deals with the question of: why should documents be made available for those who attend any court?

Full post: dbfamilylaw

You’ll find us all, doing the Lambeth Walk (oy!)

London Borough of Lambeth v MCS & Anor [2018] EWCOP 14 (31 August 2018).

Full post: suesspiciousminds

The Muslim Foster Carer Case – the final chapter

This week, just as we’d given up hope of ever finding out what happened to the little girl at the heart of the case, the judgment is out.

Full post: The Transparency Project

Court documents: Part 1 – to make sense of family court proceedings

Certain defined individuals – or non-parties – can get in to hear a case, but can they see documents after the case has been completed?

Full post: dbfamilylaw

Government plans to overhaul divorce laws

A long awaited reform of the divorce laws in England and Wales now seems close to becoming a reality, after Buzzfeed News revealed on 7 September that “justice secretary David Gauke is set to announce a consultation on no-fault divorce in which he will call for the existing fault-based system of establishing marriage breakdown to be abolished”.

Full post: The Transparency Project

Litigation privilege and family proceedings after SFO v ENRC

Litigation privilege explained: its relevance in family litigation.

Full post: dbfamilylaw