Emergency Remedies in the Family Court

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Commentary

In this Issue 59 March 2025 In this issue, all the divisions have been updated to include relevant statutory changes, case law practice and procedure and practice directions. In particular: Division General has been updated to include amendments made by the Domestic Abuse (Amendment ) Order 2024 in respect of proceedings in criminal and family courts that are trialling the use of DAPNS and DAPO and the implications of Civil and Criminal Legal Aid (Financial Resources and Contribution Orders (Amendment) Regulation 2024) which came into force on 20 November 2024. Division A includes details of disclosures of criminal matters into family proceedings and vice versa, with the latest version of standard orders for such disclosures and of the disclosure of information between family and criminal agencies and jurisdiction: 2024 Protocol. The section on radicalisation considers the meaning of radicalisation and following the attack in Israel on 7 October refers to the Guidance ‘New Definition of Extremism’ published on 14 March 2024. Division B includes: a) recent case law on deprivation of liberty of a child; b) guidance relating to port alert order as set out in Z v V (Re The Children Act 1989 & The Senior Courts Act 1981) [2024] EWHC 365 (Fam); and c) when the views of an older child in relation to medical treatment and in particular in relation to refusal of blood transfusion and the child’s autonomy outweighs the principle of preservation of life as demonstrated by Re J (Blood Transfusion: Older Child: Jehovah’s Witnesses) [2024] EWHC 1034 (Fam). Division D specifically deals with the difficult issue of transfer of proceedings across jurisdictions under the Hague Convention 1996 and habitual residence of a child. Division E sets out all the recent changes in relation to domestic abuse, cross border enforcements of protective measures; the nature and extent of the court’s jurisdiction and extra-territorial jurisdiction and the principles that apply in such cases. It also includes a section that deals comprehensively with law practice and procedure in relation to prohibition of cross-examination in person by perpetrators of domestic abuse of a witness; the appointment of qualified legal representatives and the procedure to be adopted when no QLR is available; the changes made in relation to the fees of QLRs and the standard orders. The recent President’s Guidance’ The Use of Intermediaries, Lay Advocates and Cognitive Assessments in the Family Courts’ published in January 2025; the’ Family Justice Council Guidance on Neurodiversity in the Family Justice System for Practitioners ‘ also published in January 2025 definition of an intermediary and details of the measures that may be appropriate to protect a vulnerable party or witness are covered comprehensively. Division F includes information and procedure on the allocation in financial remedy cases to High Court judge level and the amendments made to the FPR 2010 for non-court dispute resolution and consequences for failure to engage in the process and the Standard Order in relation to Sequestration (Giving Permission to Issue) Order. Division G deals with the extension of the Reporting: Pilot scheme; the President’s Guidance on ‘ Transparency In The Family Courts Publication of Judgments Practice Guidance ‘ Issued On 19 June 2024 and discusses reporting restrictions where there are concurrent care and criminal proceedings, eg, see Tortoise Media Ltd v A Local Authority and Others (Reporting Restriction Orders: Transparency: Duration) [2024] EWFC 50.

Contributors

Lyndsey Sambrooks-Wright  Contributor
Lorna Cservenka  Contributor
Mai-Ling Savage  Contributor
Nigel Fricker KC  Founding editor
Monika Bindal  Contributor
Hannah Rought-Brooks  Contributor
Amanda Weston KC  Contributor
Ann Osborne  Contributor
 Ellie Foster Contributor
Her Honour Nasreen Pearce BA, LLB General editor