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News Articles From No.18 Chambers

Cafcass launches the ‘Together with Children and Families’ framework

Cafcass has launched its relationship-based practice framework called Together with Children and Families. The framework sets out the importance of working with children and their families, based on developing trusting relationships, where listening, understanding, clear reasoning, respect and integrity are prioritised. The framework is intended to help Cafcass to do its...

Domestic Abuse Support (Local Authority Strategies and Annual Reports) Regulations 2021

These Regulations make provision in relation to support provided by local authorities to victims of domestic abuse under Part 4 of the Domestic Abuse Act 2021 ("the Act"). Part 2 of the Regulations makes provision about the steps a relevant local authority (within the meaning of the Act), must take when preparing...

Family Proceedings Fees Order amended

The Family Proceedings Fees Order 2008 has been amended by art 7 of the Court Fees (Miscellaneous Amendments) Order 2021 in order to increase certain court fees in line with inflation. The changes come into force on 30 September 2021. Article 7 states that the table in Schedule 1 to the Family...

JM v KK 6/9/21[5] - First instance financial remedy - foreign element - low value assets - high costs - departure from equality of both liquid assets and pension - pension treated separately - child maintenance dealt with.

Gary Fawcett (1975)

The parties were married in one ceremony in India in February 2005 and one in England in April 2005; they separated after 14 years of marriage.  They had one child nearly 13.  They had had a comfortable lifestyle often living abroad.  H was 50 and W 41.  H was earning...

E v L (2021) EWFC 63 Short childless marriage - Phase 2 - Costs - importance of being reasonable and making offers

Gary Fawcett (1975)

This article follows on from the decision in phase 1 in which Mostyn J delayed deciding the question of costs for a few days (in the forlorn hoe the parties might agree them!).  It is interesting and adds a touch of levity.  His comments relate to the parties’ behaviour during...

E v L [2021] EWFC 60[1] (Judgement 13 July 2021) Phase 1 (Short childless marriage, elderly parties, lump sum - date of trial important.

This case caught my eye because it is another useful contribution from Mostyn J where White, Miller, Sharp and others are examined and Queen Elizabeth I is cited.  Phase 1 deals with the substantive case, save for costs which was dealt with in phase 2 of the hearing (15th July)...

No.18 Chambers is delighted to welcome Claire Hook back after recovery

Claire Hook (2010)

No.18 Chambers is delighted to welcome Claire back after her recovery from her accident, she would like to thank all her well wishers during this time. Family: Children Claire specialises in Family (Care, Private law children & Finance) and accepts instructions to represent any party throughout care proceedings and has experience representing the...

Nuffield Family Justice Observatory publishes the report Remote hearings in the family court post pandemic

The Nuffield Family Justice Observatory (NFJO) has today published the report Remote hearings in the family court post pandemic (external link, opens in a new tab). In June 2021, in anticipation of the easing of social distancing restrictions introduced during the COVID-19 pandemic, the President of the Family Division asked the NFJO...

Care Planning, Placement and Case Review (Wales) (Amendment) Regulations 2021

These regulations, which come into force on 1 September 2021, amend the Care Planning, Placement and Case Review (Wales) Regulations 2015 (the 2015 Regulations) in light of amendments to section 83 of the Social Services and Well-being (Wales) Act 2014 (the 2014 Act) made by section 16 of the Additional Learning Needs and Education Tribunal...

Family Procedure (Amendment No. 2) Rules 2021

The Family Procedure (Amendment No. 2) Rules 2021, which come into force on 1st October 2021 (except for rules 3 to 6 which come into force on the day on which section 63 of the Domestic Abuse Act 2021 comes into force), amend the Family Procedure Rules 2010 (the FPR). Rules 3 to 6...

Should a Declaration of Parentage be made after a child has been adopted?

Sarah Barber (2018)

That was the question which faced the High Court in June 2021 after a Father, Mr H, applied for such a declaration in the case of H v An Adoption Agency [2021] EWHC 1943 (Fam). MacDonald J decided in September 2020 that the High Court does have jurisdiction pursuant to s.55A(1)...

ND v GD 2021 EWFC 53 (14 June 2021) Peel J[2].

Gary Fawcett (1975)

Inherited wealth by H during marriage - W with life shortening illness - clean break or not - needs. This case attracted my attention because:- of the succinct way that the judge recites the law on financial remedy briefly citing circa 20 decided cases.  Paragraphs 76 to 112 are worth reading if...

AA v BB [2021] EWHC 1822 (Fam)

Francis Payne (2014)

This case is an important reminder of the guidance given by the Court of Appeal in Re H-N, Re T, Re H and Re B-B [2021] EWCA Civ 448 in relation to the case management of Fact-Finding (‘FF’) hearings in Children Act (‘CA’) proceedings.  Facts A 2-day FF hearing was listed in...

SB v M [2021] EWFC 49 (11 June 2021)

Laura Baines (2007)

Application by a Mother for permission to relocate to a country in Africa with the parties’ son, N aged 12. The Father opposed the application and if permission was refused he applied for a shared care arrangement in this country.   By order by consent in 2016 the Father had contact with...

Marriages and Civil Partnerships (Approved Premises) (Amendment) Regulations 2021

These Regulations amend the Marriages and Civil Partnerships (Approved Premises) Regulations 2005, which make provision for the approval of premises for the solemnization of civil marriages and the formation of civil partnerships. The amendments made by these Regulations will enable proceedings to take place in outdoor areas in the grounds...

Mr Justice Mostyn: Standard orders

On 25 June 2021 judgment was handed down in A v B [2021] EWHC 1716 (Fam). The High Court ruled that the Family Court had jurisdiction to make a free-standing order for a port alert. A pro forma order, named Port Alert Order was attached to the judgment. This has been added to volume...

Appeal against step-parent adoption dismissed: Re L

The recent matter of Re L (A Child: Step-Parent Adoption) [2021] EWCA Civ 801 concerned an appeal by a child’s natural father against an adoption order which had been made in favour of the child’s step-father (the mother’s partner, though not yet married). Factual Background The child, L, was born in 2009....

A (domestic abuse: incorrect principles applied) [2021] EWFC B30 - Family practitioners beware – do not take basic principles for granted.

  A (domestic abuse: incorrect principles applied) [2021] EWFC B30 - Family practitioners beware – do not take basic principles for granted.     This case is an important reminder to practitioners doing family work (especially those involved in CA and FLA proceedings) to keep in mind basic principles; sometimes the court needs...

Domestic Abuse Act 2021 (Processing of Victims’ Data for Immigration Purposes) (Extension of Relevant Period) Regulations 2021

These Regulations, which come into force on 29th June 2021, extend the period under the Domestic Abuse Act 2021 within which the Secretary of State must review and report to Parliament on the processing of domestic abuse data carried out by specified public authorities for immigration purposes....

Child Support (Collection and Enforcement and Maintenance Calculation) (Amendment) Regulations 2021

These Regulations, which come into force on 12th July 2021, amend the Child Support (Collection and Enforcement) Regulations 1992. The prescribed forms for use in England and Wales by magistrates' courts when making a liability order, a warrant of commitment, disqualification from holding or obtaining a driving licence, and disqualification from...

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