Private children – Law Journals

Private children: Desperate measures

Sehra Tabasum reviews the approach to cases involving parental alienation and the circumstances in which a transfer of residence may be ordered Although it is recognised that a transfer of residence may cause short-term emotional harm to the child, the court may conclude that this is preferable to prevent further parental alienation. The most heart-wrenching …

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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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Law reform: Lessons to be learnt

Beth Duffy outlines the provisions of the pilot for private children proceedings and the potential for improvements to the current process The pilot places a focus upon the consideration of alternative dispute resolution methods and makes specific reference to mediation as an opportunity for families to work in a positive and constructive way to resolve …

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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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Private children: Same difference?

Katherine Res Pritchard and Sacha Lee look at internal relocation and the approach taken by the courts following Re C Prior to Re C, in practice, internal relocation cases had a reputation for being difficult to contest, particularly where the distances involved were short. Internal relocation refers to a move by one parent with a …

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Private children: Narrowing the options

Danielle Nuttall analyses the approach to orders made at interim hearings in private children proceedings Only written evidence is permitted at interim hearings unless an application is made, and granted, for the witness to attend for oral evidence. The onus is thus firmly on the party who wishes to challenge the written evidence to apply …

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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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Private children: An exception to the rule

Rebecca Viola and Aimee Jones analyse the court’s approach in a case where various draconian orders were sought in relation to a father and the court’s reasons for making those orders In D v E, any decision in favour of promoting contact, or maintaining the father’s parental responsibility, would be a significant change of circumstances …

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