J (Children) [2018] EWCA Civ 115

Private children: No stone unturned

Emma Dewhurst outlines the approach to fact-finding within private children proceedings where there have been previous orders within domestic abuse proceedings ‘The court in J (Children) allowed a contested non-molestation order to remain in place, and not only failed to hold a fact-finding hearing in relation to the ChA 1989 proceedings, but also the non-molestation …

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Parental alienation: The importance of acting quickly

Alice Quirk and Suzanna Eames set out the principles of parental alienation, considering the court’s approach and the practical realities of advising in such cases ‘A fact-finding hearing should be used to ascertain whether a parent has been alienating their child, but also to make findings as to any allegations of abuse made against the …

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Private children: To the letter

Katherine Muldoon summarises the requirements in children proceedings involving domestic abuse, and the practice to be adopted as to fact-finding and cross-examination ‘There may be occasions when it is necessary and appropriate for the judge to conduct the questioning of a witness on behalf of the parties.’ In J (Children) [2018], the Court of Appeal …

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