Latest updates
- Father was appealing against 2 decisions: an order that a fact-finding hearing should be listed to deal with alleged domestic abuse and a refusal by the judge to make an order for interim contact while awaiting the fact-finding hearing. The judge in this case provides helpful guidance as to what Practice Direction 12J does, and doesn't, mean. Appeal dismissed on both grounds, although the judge did endorse the father's dismay at the length of time that he will have to await the determination of these issues. Judgment, 10/12/2018, free
- The father's appeal against orders which were made after a hearing in which he was not permitted to cross-examine the mother was allowed. The judge helpfully, at paragraph 34, lists 11 points which could be used to deal with such cases (but was careful not to describe them as 'guidance') including a "Ground Rules Hearing" (GRH) once it becomes clear to the court that it is required to hear a case "put" to a key factual witness where the allegations are serious and intimate and where the witnesses are themselves the accused and accuser. Judgment, 30/07/2018, free
- Father's appeal against a decision in which no order for contact was made with respect to the eldest child, and only limited provision was made for indirect contact to the youngest child. The appeal was allowed but the judge rules that it was contrary to the welfare interests of either of the children to contemplate a re-hearing. Judgment, 06/02/2018, free
- Mother's attempt to re-open findings of fact that found no evidence that the father and grandfather had abused her son, and an appeal against an order that the child was to live with the father with limited supervised contact with the mother. Judgment, 13/10/2017, free
- Fact finding hearing to consider Mother's allegations against Father in order to inform future welfare decisions about their son. At the end of the judgment Mr Justice Hayden expresses his concern that a Judge in the Family Court can still not prevent a victim being cross examined by an alleged perpetrator. Judgment, 23/05/2017, free
Latest know-how
- In a tweet: Proper approach when accused is to cross-examine their accuser Case note, 26/10/2018, members only
- In a tweet: CoA gives guidance on approach where case involves allegations of DV Case note, 11/04/2018, members only
- In a tweet: Clarification that criminal finding of fact is not determination of criminal charge or conviction Case note, 29/09/2017, free
- In a tweet: Noteworthy for Hayden J’s comments on cross-examination of DV victims Case note, 12/06/2017, members only
- Fact finding hearing in respect of 3 children and whether they should have direct contact with the father after mother made allegations of violence against her and another child. Case note, 21/04/2015, members only
Latest training
- Mena Ruparel and Mark Penston unpick the complex task of understanding the different types of remuneration that might crop up in financial remedy proceedings. Webcast, 19/04/2018, members only
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