Re H-N & ors (children) (domestic abuse: finding of fact hearings) [2021] EWCA Civ 448 – Law Journals

Private children: Weighing up the options

Allie Pitchford contrasts and compares s91(14) and civil restraint orders in the era of ‘lawfare’ Civil restraint orders have the potential to be far more expansive in their impact than s91(14) orders, although the hurdle they present in bringing further applications to the court is merely an additional permission stage, rather than a complete bar …

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Private children: Caution, not haste

Hannah Currie and Savannah Davies analyse the Court of Appeal decision in K v K as to the correct approach to fact-finding hearings in private children proceedings Although allegations of domestic abuse should not be taken lightly and should always be fully considered, the court must remain mindful of the issues at hand and aim …

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Evidence: In all honesty

Holly Cook and Jacob Quested Khan consider protection from self-incrimination in private law children proceedings In all areas of law where the welfare and safety of a child is considered, the need to be honest with the court is an essential and key part of the long-established ‘working together’ principles. In F v M [2021], …

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Adoption: Time for a change?

June Venters QC explores the evolution of adoption law and asks, based on both her personal and professional experiences, whether the law as to post-adoption contact should be reviewed Before any application for post-adoption contact is considered, there needs to have been a thorough investigation into the extent of any abuse perpetrated and the significant …

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Private children: Broadening the scope

Zoë Fleetwood reviews revised guidance from the Court of Appeal as to when an order restricting further applications may be made, reflecting changes in societal norms The forensic landscape has changed out of all recognition, such as the advent of smart phones, social media and the almost universal use of email as a means of …

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In practice: Are we doing enough?

Claire Molyneux asks whether there is more that can be done to support separating families and minimise the impact on children, potentially by the introduction of a family lawyers’ charter The idea of a family lawyers’ charter is to support family lawyers themselves, in the sense of providing a reflective type of anchor for both …

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Domestic abuse: Protection at a distance

Gemma Sparks analyses the lasting legacy of lockdown on domestic abuse cases and the practical impact on the family justice system For victims of domestic abuse, the special measures introduced as a result of Covid-19 overall work well: they don’t have to travel to court, they don’t have to be in the same space as …

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Domestic abuse: What do we do now?

Julia Nelson and Hannah Whitehouse examine the effects of the Court of Appeal’s guidance in Re H-N on domestic abuse cases The lack of direction from the Court of Appeal as to how cases should be pleased has left those in the family justice system grappling for a way forward that is Re H-N compliant …

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