Latest updates
- The mother appealed against an order for the summary return of her child to Israel. Moylan LJ held that the judge had properly taken into account the protective measures in place and had reached a determination that was open to him. However, what had happened in this case did not amount to a retention within the scope of the 1980 Hague Convention, so the judge's order would be replaced by one made under the inherent jurisdiction. Flaux LJ and Haddon-Cave LJ agreed, and the appeal was dismissed save for that change. Judgment, 08/10/2019, free
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Latest Family Court Statistics show a decrease in number of cases started in the Family Courts by 5%Figures for April to June released. News, 30/09/2019, free
- The husband died after being struck by a car in Ukraine, and had left no will. His estate was represented by his mother and brother, who claimed that the wife had been involved in the death, and brought a claim under the Forfeiture Act 1982. The wife applied for orders to strike out Ukrainian evidence relating to her movements prior to the death. Chief Master Marsh found that the court must be very cautious about excluding evidence that appears to be admissible before the trial. The Civil Procedure Rules provide the court with ample powers to ensure a fair trial. In this case he saw no compelling reason to exclude the evidence. Judgment, 25/09/2019, free
- To be broadcast 1pm, Wednesday 9th October 2019. News, 02/09/2019, free
- The questions were whether a child should be told of his biological father, whether the husband (the psychological father) should be allowed to take the child on holiday to France, and what directions should be given relating to a deceit claim. The mother did not want the child to be told, and the biological father denied his paternity. Cohen J decided that the child should be told when an independent social worker, agreed upon by the parents, thought the time was right. He refused permission for the holiday, not being confident that the child's return could be achieved if the husband took him to the UAE. Cohen J allowed the mother's application to strike out the deceit claim to proceed to a hearing. Judgment, 18/08/2019, free
Latest know-how
- Holman J refused to order the husband’s committal to prison for failing to pay maintenance Case note, 16/10/2019, members only
- The judge had been asked by the wife to reconsider his conclusions on the grounds that there was a significant and material omission in the figures. Case note, 02/10/2019, members only
- In a tweet: Divorce decrees voidable where petition issued although parties had not been separated for two years. Case note, 02/10/2019, members only
- In a tweet: Article 19 BIIR: court best placed to decide which court is first seised should determine the issue. Case note, 02/10/2019, members only
- In a tweet: Appeal of mother (“M”) dismissed on basis that case management decisions should only be interfered with at appellate level where there has been serious error on the part of a judge. Case note, 23/09/2019, free
Latest training
- Recording of webinar first broadcast on 3rd October 2019. Webcast, 03/10/2019, members only
- Recording of webinar first broadcast on 21st March 2019 Webcast, 26/03/2019, members only
- Recording of webinar first broadcast on 6 March 2019. Presented by Matthew Warmoth, barrister at Fourteen. Webcast, 07/03/2019, members only
- Tim Scott QC of 29 Bedford Row tries to make sense of what might happen to international family cases after 29th March next year and reviews a few recent key international finance cases. Recorded September 2018. Webcast, 07/10/2018, members only
- Roshi Amiraftabi of 29 Bedford Row, reviews the key private children law cases, themes and practice developments from the past 12 months. Webcast, 31/05/2018, members only
Latest sources
- The text of guidance requiring orders in non-financial cases to be drafted on the day of the hearing in the Central Family Court. In force from 12 November 2018 Practice direction, 23/11/2018, free
- Use this form to ask the President of the Family Division to authorise individuals working for the named charity to attend and report on family proceedings. Form (external), 01/10/2018, free
- Use this form if you have authority to attend and report on a family proceedings hearing. A form is needed for each hearing you attend. Form (external), 01/10/2018, free
- Came into force on 23 July 2018 Practice direction, 27/07/2018, free
- New Practice Direction on bundles, supplementing FPR Part 27, will come into force on 23 July. Practice direction, 20/06/2018, free