Archives: Family

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Domestic violence – new pilot

February 2025 | Family

A trial pilot for the new domestic abuse measures has begun in Greater Manchester and the London boroughs of Croydon, Sutton and Bromley. Those measures are: Domestic Abuse Protection Notices – police can, in certain circumstances, issue a notice immediately following any incident of abuse. The perpetrator must be aged 18+ and be personally connected …

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Divorce – void or voidable?

February 2025 | Family

In an unfortunate coupling of a drafting ambiguity and a coding error, the President of the Family Court has concluded that 79 divorces were voidable rather than void. The consequences of a divorce being declared void would have been significant, eg a remarried party would have committed bigamy. In the case of a voidable divorce, …

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Practice – reporting provisions

February 2025 | Family

The new family court reporting provisions have now been rolled out across all family courts in England and Wales as of 27 January 2025. The rollout, approved by the FPR Committee, follows a successful pilot which began two years ago. According to a judiciary statement, there have been no known breaches of anonymity in reporting …

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Children – cross-sex hormone treatment

February 2025 | Family

A 16-year-old biological female (C) started to identify as male in 2020 aged 12 and now wished to commence cross-hormone treatment. M applied for a s8 prohibited steps order and a ‘best interests’ declaration under the court’s inherent jurisdiction. She then asked for an adjournment pending a six-month assessment of C by a private gender …

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Adoption – post-adoption contact

February 2025 | Family

An LA has been severely criticised by a judge in the course of his ruling refusing a birth mother direct contact with a young girl. Adoption lawyers may be aware of a growing appetite for permitting direct contact post-adoption – but the judge in this case refused it for several reasons. A birth parent can …

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Procedure – public children proceedings

February 2025 | Family

The President has provided guidance on public law children cases with an international element. The document replaces ten-year-old guidance entitled The International Child Abduction and Contact Unit (ICACU). The replacement brings the guidance into a modern international era in which a substantial number of cases involve an international element. In these cases, the courts often …

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Children – domestic violence

February 2025 | Family

This case illustrates how, in exceptional circumstances, the courts can significantly restrict a parent’s PR to protect a child from harm. This is achieved through the use of prohibited steps orders and specific issue orders under s8(1)CA. F had a history of violence, domestic abuse and coercive behaviour and had already been in prison for …

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Adoption orders – revocation

February 2025 | Family

The courts will not set aside an adoption order unless there are highly exceptional circumstances. Here, the birth mother (A) sought to have adoption orders set aside in respect of 12 and six-year-old siblings (she had previously made several unmeritorious applications in relation to the children). A also applied for contact orders with the children. …

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Relocation – child’s welfare

February 2025 | Family

Disputes around relocation are likely to increase further as working parents travel further afield in the course of employment. In this case, the court allowed a parent to relocate with a young child in circumstances where commuting wasn’t a reasonable option. The welfare of the child remains, of course, of paramount importance to any such …

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Procedure – the requirement for non-court DR

February 2025 | Family

Family practitioners will appreciate the expectations of the courts that litigants engage in mediation or alternative forms of non-court dispute resolution. Refusal to do so could have significant costs consequences (a point illustrated in several cases in recent times). The court is required by FPR r9.15(4)(b) to refer a case to a FDR appointment, subject …

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