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Pathfinder and the Sunflowers
In today’s episode of FortyTwo Talks, Family Law Practitioner, Rachel Chan, is joined by Estella Newbold-Brown, Partner of Amphlett Lissimore to discuss the Private Law 'Pathfinder' and Estella’s new book, Isla and Quinn The Sunflowers.
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Expert fees in public law children cases
When the expert exceeds Legal Aid Agency rates, what is the Court to do? Eleanor Hull analyses an important recent ruling from the President of the Family Division.
The 26-week timeframe and care proceedings with an international element
Gary Fawcett examines a recent Court of Appeal ruling on the 26-week statutory time limit in care proceedings with an international element.
Too little? Or too late?
In the first in a series of articles, Catherine Rowlands examines a Court of Appeal judgment that involved a wide-ranging exploration of the law and procedure relating to challenges to decisions about care for young people brought after the event.
Re A compliance in care proceedings
Emily Henshaw looks at what Re A compliance means and why it matters.
Fact-finding hearings and allegations of rape
Although a private law children case, there are various points in a recent judgment from Mr Justice Hayden that are relevant to local authorities involved in public law children proceedings, write Joanna Thom and Harrison Engler.
The Court of Appeal on revocation of adoption orders
Catherine Ellis considers the implications of the ruling in Re X&Y on the High Court’s ability to revoke adoption orders.
Care orders and consent to the deprivation of liberty of children
Joanne Clement KC and Samuel Willis analyse an important Court of Appeal case on Article 5 and the deprivation of liberty of children.
Delay and the 26-week time limit
Katharine Brown looks at three recent decisions in which delay and the statutory time limit of 26 weeks for care proceedings were considered.
The interplay of public children and Nigerian law
Abimbola Badejo looks at the considerations that need to be made when applying Nigerian law to family law cases in the public sector.
Local inquiries into Child Sexual Exploitation are merely pins on a map; a national inquiry is needed to string them together
With Home Secretary Yvette Cooper’s audit of child sexual exploitation underway, and the government backing local inquiries, the controversy remains. Henry Bermingham argues that whilst these local inquiries can drive change on a small scale, they will fail to address the full causes of child sexual exploitation.
Infections and the broad canvas of evidence
The Court of Appeal has allowed an appeal by a local authority over a judge’s finding that a six-year-old girl had contracted gonorrheoa as a result of fomite transmission. Avaia Williams looks at the lessons from the ruling.
Care proceedings and mental health
Francesca Massarella calls for a change in the way poor mental health is perceived and approached, particularly before the point of care proceedings being issued.
Paediatric reports in care proceedings
A judge recently handed down a judgment that was scathing of expert paediatric evidence relied upon by the applicant local authority in a care proceedings matter. James Hoile explains why.
Public law children case update: April 2025
Caitlin Smithey rounds up the latest public law children cases of interest to practitioners.
Recorded Webinar: Re M [2025] EWCA Civ 440
Rachel Chan and Gemma Farrington KC guide us through the recent appeal against a court decision refusing a mother's application for an intermediary to assist her during a fact-finding hearing.
A bird’s eye view
His Honour Richard Harper explains the purpose of his new book, The Family Court in Practice: a safeguarding guide for all practitioners working with children.
Intermediaries and the test of necessity
A recent Court of Appeal ruling has emphasised that there is no warrant for overlaying the test of necessity when it comes to the appointment of intermediaries. Holly Hilbourne-Gollop examines the judgment.
Siblings, adoption and competing Article 8 rights to family life
A Family Court judge recently had to consider the respective Article 8 rights to family life of two children in a context where the potential outcomes for one child were clearer than for the other. Victoria Steet examines the outcome.
Navigating the complexities of deprivation of liberty for children under 16
Katie Viggers analyses a recent judgment that has brought to light the complex and often perplexing legal landscape surrounding deprivation of liberty (DoL) for children under the age of 16.
Discharge of care orders: what are the factors to consider?
Sara Chalk looks at the key points from a recent judgment that considered whether a care order should be discharged.
Children law update: April 2025
Michael Jones KC analyses the latest children’s law cases of interest, ranging from risk assessments to the designation of local authorities for the purposes of interim care orders.
When enough is enough – Court of Appeal decides against international placement
Deborah Shield and Avaia Williams review the Court of Appeal’s reasoning in a case concerning the placement options for a young boy, M, where the court was asked to grapple with placing the child for adoption or delaying proceedings and determination to support a possible family placement abroad.
Consensual adoption – PLWG Best Practice: A Guide
Avaia Williams examines the Public Law Working Group’s recommendations on adoption by consent.
International adoption – PLWG Best Practice: A Guide
In the fourth and penultimate article in his series covering the Public Law Working Group’s recommendations for best practice for adoption, Avaia Williams considers Chapter 4 of the PLWG report on international adoptions.
Practice and procedure – PLWG Best Practice: A Guide
In the third in a series covering the Public Law Working Group’s recommendations for best practice for adoption, Avaia Williams considers Chapter 3 of the PLWG report which focuses on the practices and procedures surrounding adoption proceedings.
Public law children case update: March 2025
Caitlin Smithey rounds up the latest public law children cases of interest to practitioners.
Working with denial - are we there yet?
Kara Cann looks at the growing use of ‘denial models’ for risk assessment in care proceedings.
Placement of children abroad: consultation and consent
Laura Williams provides some top tips on cases involving the placement of children abroad under the Hague 1996 Convention and in particular, the requirements of Article 33 of the Convention.
NAAB age assessments: key considerations for local authorities
Harry Johnston-Sluka and Deesha Shah provide guidance for local authorities on dealing with the National Age Assessment Board (NAAB).
Parental capability: Applying s.1(3)(f) Children Act 1989
Harrison Engler reports on a recent case invoking an unusual application of s.1(3)(f) Children Act proceedings.
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