Unnecessary Private Law Applications – a warning shot from the judiciary – Family Law Week

‘Marie Crawford, barrister of Becket Chambers, reflects on a recent children law judgment and its implications for parties and practitioners.’

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Family Law Week, 16th December 2020

Source: www.familylawweek.co.uk

My ex has made an application for a Child Arrangements Order – now what will happen to me and my kids? – Becket Chambers

Posted July 28th, 2020 in child arrangements orders, children, divorce, family courts, news by sally

‘Many parents find it difficult to agree on the arrangements for their children after separating. This can be an extremely stressful and upsetting situation for everyone concerned. The priority should be to shield the children from arguments wherever possible but what should you do when you receive an application for a Child Arrangements Order and what does that mean for your children?’

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Becket Chambers, 22nd July 2020

Source: becket-chambers.co.uk

Parenting Plans & Child Arrangements Orders: Maria Scotland & Gemma Lindfield – 5SAH

‘When the family breaks down and there are children, whether the parents are married or not, the parents are advised to try to reach an agreement on where the children will live: whether they will live with one parent and spend time with the other parent or else share their time between their separated parents’ homes. Older children are often able to make decisions for themselves or make arrangements to go between homes themselves once their parents live apart – so called “voting with their feet”. Younger children and babies cannot and they need their parents to make arrangements in their best interests for them. These parents are advised to try and reach an agreement in writing, called a “parenting plan”.’

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5SAH, 28th May 2020

Source: www.5sah.co.uk

Child Arrangement Orders and Coronavirus – I’m not seeing my child what can I do ? – Becket Chambers

Posted May 7th, 2020 in child arrangements orders, children, coronavirus, family courts, news by sally

‘From the moment that the Government announced the possibility of lockdown measures being imposed, lawyers were inundated with questions about whether and how Child Arrangements Orders should be implemented over this period.’

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Becket Chambers, 29th April 2020

Source: becket-chambers.co.uk

Immigration Status of a Parent in an Application for a Child Arrangements Order by Lucy Coen – Broadway House Chambers

‘There can often be an interplay between family and immigration proceedings. This article seeks to give some guidance to family practitioners when the immigration status of a parent in contact proceedings is a live issue.’

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Broadway House Chambers, 19th March 2020

Source: broadwayhouse.co.uk

“No” means No. – JH v MF [2020] EWHC 86 (Fam): An Appeal from the Central Family Court – 5 SAH

‘This case, JH v MF [2020] EWHC 86 (Fam) was an appeal from the Central Family Court following a fact-finding trial before HHJ Robin Tolson QC in proceedings for a child arrangements order. The appellant mother (JH) had alleged domestic abuse, including two allegations of rape. She was represented by a barrister and the respondent father (MF) was unrepresented but supported by a McKenzie friend.’

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5 SAH, 23rd January 2020

Source: www.5sah.co.uk

Change of residence – do we listen to children? – Transparency Project

Posted September 2nd, 2019 in child arrangements orders, children, contact orders, news, residence orders by sally

‘”Change of residence” in the context of a child arrangements order (a reform that was supposed to get rid of the ‘win-lose’ concept of residence and contact before 2014) is quite a cold, technical term to describe a child having to move from one household to another.’

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Transparency Project, 30th August 2019

Source: www.transparencyproject.org.uk

Applying to commit for breach of a child arrangements order – Family Law

‘Family analysis: Sarah Keily, partner at Thomson Snell & Passmore in Tunbridge Wells, discusses the decision in CH v CT [2018] EWHC 1310 (Fam), [2018] All ER (D) 03 (Jul), which illustrates the need to strictly comply with the relevant procedural requirements when seeking a committal order following a breach of a child arrangements order.’

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Family Law, 19th July 2018

Source: www.familylaw.co.uk

The revised Practice Direction 12J: Child Arrangements & Contact Order: Domestic Violence and Harm – Family Law Week

‘Marie Crawford, barrister of Becket Chambers, explains in detail the changes to Practice Direction 12J.’

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Family Law Week, 17th November 2017

Source: www.familylawweek.co.uk

Revised Practice Direction 12J – Child Arrangements and Contact Orders: Domestic Abuse and Harm – Family Law

‘Sir James Munby, President of the Family Division, has issued a revised Practice Direction 12J of the Family Procedure Rules 2010 which came into force on 2 October 2017. The Practice Direction applies to any family proceedings in the Family Court or the High Court and specifically applies to any application made for a Child Arrangements Order or should any question arise about where a child should live, or about contact between a child and a parent or other family member and the court considers that an order should be made.’

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Family Law, 3rd October 2017

Source: www.familylaw.co.uk

F v L (Child Arrangements Order: Relocation) – WLR Daily

F v L (Child Arrangements Order: Relocation)[2017] EWHC 1377 (Fam)

‘The mother, an Italian national, sought a child arrangements order (“CAO”) under section 8 of the Children Act 1989, as amended, in respect of the child, aged five, and permission to relocate with him to Italy, alleging serious domestic abuse by the father. The Italian father opposed the application for relocation and cross-applied for a shared care CAO. Despite the recommendation in the report prepared by the CAFCASS officer that the child’s main carer be his mother and that she should be given permission to relocate to Italy, the trial judge decided not to consider or make any finding in respect of the abuse allegations, refused the mother’s application to relocate and ordered the continuance of the shared care regime. The mother appealed on the grounds, inter alia, that the trial judge had made a fundamental procedural error in failing to resolve the issue of the future care of the child prior to considering the application for relocation and had failed to make findings on the abuse allegations.’

WLR Daily, 9th June 2017

Source: www.iclr.co.uk

In re W (Children) (Child Arrangements Orders: Non-molestation Orders) – WLR Daily

In re W (Children) (Child Arrangements Orders: Non-molestation Orders):[2016] EWHC 2226 (Fam)

‘The parties married in Russia in September 2010 and came to live in London in August 2014. In June 2016, following the breakdown of the marriage, the father issued applications in the High Court, inter alia, for orders under the court’s inherent powers to locate his step-son, A, aged ten and his son, J, aged two, a prohibited steps order preventing their removal from the jurisdiction and a request to the Russian Embassy and the British Passport Office that no further passports be issued until further order of the court. Location and passport orders were made and the children located. Meanwhile, on 19 July 2016 the mother sought and was granted an ex parte non-molestation order against the father by a district judge in the family court. The order stated that it was to endure until 19 July 2017 and that the order would be considered at a further hearing on a date to be fixed by the court officer on request by the respondent father. The father issued further applications in the family court for child arrangement orders in respect of the children.’

WLR Daily, 10th August 2016

Source: www.iclr.co.uk

Surrogacy – Child Arrangement Orders – Park Square Barristers

‘This article summarises the recent landmark decision in Re Z (surrogacy agreements) (Child Arrangements Orders) [2016] EWFC 34 whereby the Court awarded full care of the child to the surrogate Mother.’

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Park Square Barristers, 11th July 2016

Source: www.parksquarebarristers.co.uk