Guidance from the President of the Family Division: Transfer of proceeding
Transfer of proceedings under Articles 8 and/or 9 of the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (‘the 1996 Convention’)
Introduction
This Guidance is an update of the document “Guidance for the Judiciary: Transfer of proceedings...
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Judgment Analysis: HKW v CRH [2024] EWFC 358 (B)
Helen Moizer (2018)
Cohabitation, marital assets, and post-separation gifts in financial remedy proceedings.
Case Background
The parties married in 2007. The wife (W) asserted that they began cohabiting in 1993, while the husband (H) contended that cohabitation started in 2004. Both parties had children from previous marriages and two children together (‘ARC’ and ‘ARD’).
W earned approximately £22,000 per annum, whereas H, a contractor, had...
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Supervision Order v No Order
Gary Fawcett (1975)
Birmingham C C v S & L & 2 Children. DJ Parker 17.10.24
Although a DJ decision, it is illuminating on the approach as to whether an SO was necessary or not. The children were aged 6 and nearly 2. The court had made ICO’s, children remaining with M.
The sole issue at...
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Financial Remedies Transparency pilot notice
We make this announcement with the authority of the President of the Family Division.
On 11 December 2023, the President issued Guidance ahead of the launch of the Transparency Reporting Pilot For Financial Remedy Proceedings.
The pilot scheme started on 29 January 2024 in Birmingham, Leeds and the Central Family Court. With...
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Care proceedings and recusal
Gary Fawcett (1975)
In two care cases I have dealt with recently ‘recusal’ has cropped up.The first was at an IRH when a circuit judge gave ‘a very strong indication’ as they called it, and, after the matter failed to settle, recused themselves from presiding at the final hearing.The second was in the...
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New Acas Guidance on the Employment (Allocation of Tips) Act 2023
Helen Moizer (2018)
The Advisory, Conciliation and Arbitration Service (Acas) has issued new guidance on the Employment (Allocation of Tips) Act 2023, also known as the Tipping Act 2023, and its accompanying Code of Practice. This law regulates how employers must handle tips, service charges, and gratuities over which they have control or significant influence.
Key points...
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Extensions to family court transparency pilots
Family court reporting pilot extension to magistrates
Over the past two years, the President of the Family Division, Sir Andrew McFarlane, has overseen a ‘Reporting Pilot’ to allow accredited journalists and legal bloggers to report on what they see and hear in children cases in the family courts.
In January 2024, the pilot...
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Cafcass publishes new Domestic Abuse Practice Policy
On 9th October Cafcass published a new Domestic Abuse Practice Policy. The policy sets out the practice requirements that Cafcass Family Court Advisers (FCAs) and Children’s Guardians must follow in protecting child and adult victims of domestic abuse when they advise the courts about the welfare of the child and the...
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No.18 Chambers Welcomes Thomas Wheddon (2022) as a Tenant
Thomas Wheddon (2022)
No.18 Chambers is delighted to announce that Thomas Wheddon (2002) has accepted an invitation to join Chambers on completion of his pupillage.
Thomas joined chambers as a Tenant in October 2024. He completed his pupillage under the Supervision of Nigel Cholerton and Sara Chalk. Throughout his pupillage and in his Tenancy...
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