No.18 Chambers News Page 22

Coronavirus: Separated Families and Contact with Children in Care FAQs

Rachel Chapman (2017)

Coronavirus has continued to raise several questions in the context of Family Law. In particular, with children in separated families and also children in care. On 1 July 2020 the House of Commons Library published a useful report (‘the Report’) answering some of the most asked questions at the moment. The...

Sarah Barber (2018)

This is the latest reported case concerning an application to adjourn a final hearing in care proceedings due to the coronavirus pandemic. The father, who made the application to adjourn, required the assistance of an intermediary to engage in the proceedings. Facts The background of the case is that in October 2018,...

This rapid evidence review examines what is known about the implications of digital contact on the well-being of children who have been separated from their birth relatives. The review was commissioned following the implementation of social distancing measures to reduce the spread of COVID-19 in the UK in March 2020....

Cafcass have published two new protocols setting out their approach to returning to in-person work with children and families and using Cafcass offices during the Covid-19 pandemic . The protocol on their return to in person work with children and families explains that they will be using both remote video...

Damage Based Agreements: At No.18 we recognise that new methods of funding need to be found in order to bring claims. No.18 are delighted to offer Damage Based Agreements as a solution. We are committed to assess cases as to whether Damage Based Agreements are an appropriate recourse of funding for a...

Throughout the COVID-19 pandemic every possible effort has been made to offer continued access to justice whilst ensuring the safety of judges, magistrates, staff, and those attending court and tribunal buildings. The collective efforts of all those involved have allowed us to deal with a greater proportion of our caseload...

Gary Fawcett (1975)

There have been three recent cases on the treatment of pensions in financial remedy cases; one decided by HHJ Hess and two by HHJ Robinson. Although not Court of Appeal, it is interesting to see what was said. HHJ Hess is joint author of Pensions on Divorce and co-chair of...

Lockdown Solutions

No18 continues to be committed to providing the highest level of service, client care, advocacy and advice by ensuring that the needs, concerns and interests of clients are always paramount support by over 50 years of clerking expertise. Just in case you have missed them some of our initiatives over...

The latest updated version of the Remote Family Access Court has been published. Mr Justice MacDonald has highlighted the following updates in it: Hybrid Hearings are now covered in detail at para [3.2.3.1] and a Protocol for Hybrid Hearings is set out at Appendix 3 A new hybrid hearing template order has...

Hybrid hearings and Hybrid instructions

Following the latest reports and policy statements it is clear that the use of Hybrid hearings and actual attendance at court is only going to get greater in the coming months. As the legal market continues to adapt to this new world clients are also evolving and want to make...

Sarah Barber (2018)

This case concerns an appeal against a case management decision in care proceedings whereby the lower court refused an application by a parent with a learning disability for an intermediary assessment and for the appointment of an intermediary. In what is seemingly the first reported appeal against a case management decision...

Though I cannot profess to have written the attached document (see attached), I thought it might be of use to share. This guide has been produced by the FLBA working group in order to assist represented parents when they are attending a remote court hearing whether on-line or by telephone....

This week has seen the Public law Working Group publish the final report on special guardianship orders (click here to view the reoprt) .The President of the family division commented ; ‘Since its addition to the canon of orders that are available to the Family Court in 2005, the role of...

General Guidance on pdf bundles

The guidance has been provided by Sir Andrew McFarlane (President of the Family Division) (click here to view guidance) , Lady Justice Thirlwall (Senior Presiding Judge) & Mr Justice Mann (Judge in charge of Live Services) in order to achieve a level of useful consistency in the provision of PDF...

The President of the Family Division has made two amendments to his Guidance on Allocation and Gatekeeping for Care, Supervision and other Proceedings under Part IV of the Children Act 1989 (Public Law) 2014. These changes are unrelated, one has been made via an addendum and the other through re-issuing the...

Sarah Barber (2018)

The Judgment of the Court of Appeal in Re C (Children: Covid-19: Representation) [2020] EWCA Civ 734 (available here), considers an appeal by a mother against the decision of Williams J ([2020] EWHC 1233 (Fam)) to list a Fact Finding Hearing in care proceedings for a ‘hybrid hearing’. In his leading...

Following the latest report by Sir Andrew McFarlane (as attached and helpfully summarised by Sarah Barber) , the update from HMCTS opening a further 16 courts this week, the policy position of Cafcass (a report of which can be accessed clicking on the attached hyperlink) together with the various Judgements...

Sarah Barber (2018)

The latest report from MacFarlane J addresses the way forward in light of what is now expected to be significant social distancing measures remaining in place in the court systems in England and Wales until the end of 2020 or even Spring 2021. In this report, the PFD draws on the...

Barnaby Large (2007)

On Friday 29th May 2020 the Chancellor's announcement sought to add flesh to the bones of the Government's extension to the Coronavirus Job Retention Scheme, the extension from the initial cessation of support at the end of May being first set out in the Treasury's Direction on 22nd May 2020,...

Rachel Chapman (2017)

This week, Mr Justice Mostyn, in agreement with the President of the Family Division, has amended, revised and re-issued standard order numbers 1.1, 1.2 (Orders in relation to Financial Directions), 2.1 (Financial Remedy Orders) and 2.2 (Orders under Children Act 1989, Schedule 1) of the Standard Financial and Enforcement Orders. The...

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