The Practical Lawyer

New MoJ information and guidance for practitioners on the ongoing settlement conferences pilot and evaluation has been published. The aim of the pilot, supported by the President of the Family division, is to see if an inquisitorial approach can lead to appropriate outcomes for children and families.  

Various provisions under the Children and Social Work Act 2017 (Commencement No. 1) Regulations 2017 are in force from 31 October 2017. Important amendments to legislation are made under Regulation 2 as follows:  

In this case, H was ordered to pay annual spousal periodical payments of £120,000 on a joint lives basis to W, to run from 1 November 2014. Three months after the order was made, H applied to vary the order. He also sought permission to appeal the final order, falling into arrears in the meantime. W filed an application for enforcement.  

It is appropriate for judges to speak to Ofsted inspectors when discussing the ‘quality of the preparation of public law cases that the local authority brings before the family court’.

The government has updated its guidance on Child maintenance application fee: exemptions for victims of domestic violence. Under the revised guidance, a victim witnessing their child being abused by a partner (or former partner or family member) is also now treated as a form of domestic violence.

Settlement conferences are being piloted by various designated family judges who adopt an inquisitorial approach to encourage co-operation between the parties. This collaborative approach is aimed at helping the parties reach an agreement that is in the children’s best interests.

The high-profile ruling concerning the right of a 14-year-old to be cryogenically frozen followed a disagreement between her parents about their daughter’s wishes. In this case, the girl died from cancer before the ruling became public. She had made known her wishes to be frozen cryogenically, having researched the issue in detail.

FPR Practice Direction 12D, Interviewing Wards of Court, has been amended by the President following his recent judgment as to whether police/security service officers can interview a ward of court without prior approval of the wardship judge.

A new international family law arbitration scheme to help families involved in multinational family disputes is live from 4 September 2017. An online questionnaire will first be completed by the parties so that all relevant facts for forum dispute can be obtained.

It was of critical importance that ‘leaving care’ planning for a very vulnerable 17-year-old girl should begin immediately. This was the fifth judgment of the President in various proceedings involving the girl. He endorsed the LA care plan for her, emphasising that she is entitled to enjoy all the benefits accruing to her as a ‘looked after’ child – both now and after she reaches 18.