Category: family courts

Should Final Hearing continue remotely? Judgment of Lieven J [2020] EWHC 1086 (Fam) – Broadway House Chambers

Posted May 18th, 2020 in care orders, chambers articles, child cruelty, children, coronavirus, families, family courts, news, remote hearings by sally

‘ The case deals with whether to proceed with lay evidence remotely or to adjourn part heard having heard the medical evidence over a period of 5 days via Zoom. The case concerns an application for a care order for a 4 year child. In April 2019, his two month old sister died at home. The post mortem established that his sister had sustained 65 fractures to her body as well as brain injuries. As a result the child was made the subject of an interim care order in April 2019.’

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Broadway House Chambers, 14th May 2020

Source: broadwayhouse.co.uk

Presence of shielding QC at in-person hearing “not essential” – Legal Futures

Posted May 18th, 2020 in barristers, coronavirus, families, family courts, health, health & safety, news, remote hearings by sally

‘The physical presence in a sensitive family case of leading counsel shielding from Covid-19 was desirable but “not essential”, a High Court judge has ruled in ordering an in-person hearing.’

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Legal Futures, 18th May 2020

Source: www.legalfutures.co.uk

The magic soup stone strikes again (more new authorities about remote hearings) – Transparency Project

Posted May 12th, 2020 in care orders, contact orders, family courts, live link evidence, news, remote hearings by sally

‘[T]here are two new remote hearing related judgments out :

A Local Authority v Mother & Ors [2020] EWHC 1086 (Fam) and Re Q [2020] EWHC 1109 (Fam).’

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Transparency Project, 7th May 2020

Source: www.transparencyproject.org.uk

It’s not just what you say, it’s how you act in the courtroom – Re P (A Child: Remote Hearing) [2020] EWFC 32 – 5SAH

Posted May 12th, 2020 in advocacy, chambers articles, coronavirus, family courts, news, remote hearings by sally

‘The family court has transformed in the last few weeks due to the Covid-19 pandemic. Remote court hearings were once deemed futuristic but as with other public services, the courts have had to adapt. However, in this judgment (Re P (A Child: Remote Hearing)), Sir Andrew McFarlane sent a clear message that not all hearings will be suitable for remote hearing.’

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5 SAH, 6th 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

Children seeing parents “distressed” by remote hearings – Legal Futures

Posted May 7th, 2020 in confidentiality, coronavirus, families, family courts, live link evidence, news, remote hearings, reports, telephone hearings by sally

‘Children are “coming in and out of the room” during remote family law hearings and in some cases witnessing their “distressed” parents, a major study has found.’

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Legal Futures, 7th May 2020

Source: www.legalfutures.co.uk

A decision “in these extraordinary times”: Re A (Children) (Remote Hearing: Care and Placement Orders) [2020] EWCA Civ 583 – Parklane Plowden Chambers

Posted May 5th, 2020 in appeals, care orders, family courts, live link evidence, news, placement orders, remote hearings by sally

‘This case has been keenly awaited by family law practitioners, being the first appeal in a public law children case to reach the Court of Appeal on the issue of remote hearings during the COVID 19 pandemic. The appeal was heard on 22 April 2020. On the following day the same bench heard the second such appeal, Re B (Children) (Remote Hearing: Interim Care Order) [2020] EWCA (Civ) 584. There will undoubtedly be further appeals in children cases heard in the High Court or the Court of Appeal on the issue of remote hearings in the coming weeks.’

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Parklane Plowden Chambers, 30th April 2020

Source: www.parklaneplowden.co.uk

In light of Re P (A Child: Remote Hearing) [2020] EWFC 32, what will the Court’s approach be post-lockdown? – Spire Barristers

Posted May 5th, 2020 in barristers, coronavirus, family courts, news, remote hearings by sally

‘Lockdown measures were implemented on 23rd March 2020 and, as many of you will be aware, the following day, The Bar Council issued the following guidance to barristers on attending Family (and Civil) Court hearings:

“You should not attend in person unless the hearing is genuinely urgent and it cannot be done remotely. Such a hearing will be a rare occurrence”.’

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Spire Barristers, 29th April 2020

Source: spirebarristers.co.uk

High Court judge sends copy of ruling to ministers to express concern over “nationwide problem” of lack of capacity for secure care – Local Government Lawyer

Posted May 4th, 2020 in care orders, children, families, family courts, government departments, judges, local government, news by sally

‘A High Court judge has sent ministers a copy of a ruling in which he expressed concern at a “nationwide problem” of the very limited capacity in the children’s social care system for young people with complex needs who need secure care.’

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Local Government Lawyer, 29th April 2020

Source: www.localgovernmentlawyer.co.uk

Court of Appeal sets out ‘cardinal points’ on remote hearings and approach to public law children cases – Local Government Lawyer

Posted May 1st, 2020 in adjournment, adoption, appeals, care orders, children, coronavirus, courts, families, family courts, live link evidence, local government, news, remote hearings by sally

‘The Court of Appeal has handed down rulings in the first two appeals relating to the welfare of children to have reached the court on the issue of remote hearings during the COVID-19 pandemic.’

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Local Government Lawyer, 30th April 2020

Source: www.localgovernmentlawyer.co.uk

Civil and family cases being adjourned “for no apparently good reason”: Bar Council – Local Government Lawyer

Posted April 29th, 2020 in adjournment, barristers, civil justice, coronavirus, family courts, HM Courts Service, news by sally

‘Many civil and family cases are being adjourned “for no apparently good reason”, the Chair of the Bar Council, Amanda Pinto QC, has claimed.’

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Local Government Lawyer, 28th April 2020

Source: www.localgovernmentlawyer.co.uk

Remote hearings and inclusive justice – Transparency Project

Posted April 27th, 2020 in coronavirus, courts, criminal justice, disability discrimination, disabled persons, equality, Equality and Human Rights Commission, family courts, live link evidence, mental health, news, remote hearings by sally

‘How effectively are people with a cognitive impairment, mental health condition and/or neuro-diverse condition able to participate in proceedings in the justice system, particularly when they engage with that system via video or telephone link?’

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Transparency Project, 24th April 2020

Source: www.transparencyproject.org.uk

A timely and important decision on remote hearings in the family courts – Re P: (A Child Remote Hearings) (2020) EWFC 32 – Garden Court Chambers

Posted April 24th, 2020 in care orders, chambers articles, child cruelty, children, coronavirus, families, family courts, live link evidence, news, remote hearings by sally

‘This is a serious FII case, and concerned care proceedings involving a 7 year old child. It was alleged that the mother had falsely made a number of damaging claims that her child was suffering from a myriad serious ailments and health conditions. This was all hotly disputed by the mother, so the case was fully contested. It had been fixed several months previously for a 15 days fact finding and disposal hearing before a Judge at Guildford Law Courts. Following the lockdown, the Judge had decided the case would proceed as a remote hearing using the Skype video platform.’

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Garden Court Chambers, 22nd April 2020

Source: www.gardencourtchambers.co.uk

P (A Child: Remote Hearing) (Rev 3) [2020] EWFC 32: When is remote justice not justice? – Transparency Project

Posted April 24th, 2020 in care orders, child cruelty, children, coronavirus, families, family courts, live link evidence, news, remote hearings by sally

‘Re P (A Child: Remote Hearing) (Rev 3) [2020] EWFC 32 is a decision of the President of the Family Division and Head of Family Justice, Sir Andrew McFarlane, about whether or not a 15 day trial should go ahead remotely. The trial was set down within care proceedings to determine very serious allegations that the mother had harmed her seven-year-old daughter by fabricating or inducing illness (known in the trade as FII).’

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Transparency Project, 23rd April 2020

Source: www.transparencyproject.org.uk

Access to justice in remote hearings in the Court of Protection and Family Courts – Spire Barristers

Posted April 23rd, 2020 in chambers articles, coronavirus, Court of Protection, courts, family courts, live link evidence, news, remote hearings by sally

‘The Lord Chief Justice, the Master of the Rolls and President of the Family Division have written to Circuit and District Judges of the Civil and Family Courts to record their appreciation for the efforts being made across all parts of the judiciary to adapt to new styles of working during the pandemic. They observe that there has been a great deal that has been learned quickly about the practical benefits and limitations of conducting hearings remotely and extensive materials and support have been shared across the legal community to facilitate such hearings being undertaken.’

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Spire Barristers, 20th April 2020

Source: spirebarristers.co.uk

McFarlane: Remote hearing on future of child a step too far – Legal Futures

Posted April 22nd, 2020 in child cruelty, children, coronavirus, delay, expert witnesses, families, family courts, live link evidence, local government, news, remote hearings by sally

‘It is not appropriate for a 15-day hearing into whether a mother has harmed her seven-year-old daughter to be held remotely, the president of the Family Court has ruled.’

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Legal Futures, 22nd April 2020

Source: www.legalfutures.co.uk

Covid-19: contact with children in care – 5SAH

Posted April 17th, 2020 in care homes, care orders, chambers articles, coronavirus, families, family courts, local government, news, parental rights by sally

‘We are plotting a course through unchartered waters. Never before has the family justice system had to deal with such a wide-reaching challenge as the COVID-19 epidemic. The issue of contact with children in care presents one of the most turbulent seas to cross. This article explores the legal principles that will give family practitioners their bearings and guide the court’s approach through the coming weeks and months.’

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5SAH, 6th April 2020

Source: www.5sah.co.uk

Child arrangement applications during the Coronavirus pandemic: A practical guide – 5SAH

Posted April 16th, 2020 in chambers articles, children, coronavirus, families, family courts, news by sally

‘The family court have put arrangements in place so that it can continue to process applications for child arrangements during the coronavirus pandemic.’

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5SAH, 6th April 2020

Source: www.5sah.co.uk

Family President to hold two-week rapid consultation on use of remote hearings in family justice – Local Government Lawyer

Posted April 15th, 2020 in consultations, coronavirus, families, family courts, live link evidence, news, remote hearings by sally

‘The President of the Family Division, Sir Andrew McFarlane, has launched a two-week rapid consultation on the use of remote hearings in the family justice system.’

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Local Government Lawyer, 14th April 2020

Source: www.localgovernmentlawyer.co.uk

A word on Covid- 19, the use of arbitration and the Expansion of the Children’s Arbitration Scheme to include Relocation of Children – Family Law Week

Posted April 15th, 2020 in arbitration, children, coronavirus, families, family courts, foreign jurisdictions, news by sally

‘On the 6th April 2020 the much talked about expansion of the children arbitration scheme came into effect. This is a significant change to the now well established scheme launched in 2016. The scheme has had amendments to its rules along the way but until now, it has not received an extension of its scope. In summary, the scope of scheme has been expanded to include both temporary and permanent relocation of children to foreign jurisdictions that fall within article 2.2(c) below. This development could not be timelier, serving to reinforce arbitration as a strong and worthy contender to litigation.’

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Family Law Week, 14th April 2020

Source: www.familylawweek.co.uk