Family Law Cafe - This Week's Newsletter 11.02.2024
Joanna Toch
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Here is this week's family law round-up.
A Groundbreaking Step for Transparency in Family Courts
In a significant shift toward openness, journalists in England and Wales are now permitted to report on family court proceedings, ushering in a new era of transparency. For years, family courts have operated largely behind closed doors, leading to criticism of a lack of accountability. Following the success of a two-year reporting pilot, this landmark decision was rolled out nationwide on January 27th. However, the newfound access comes with a tightly regulated framework designed to protect the identities of children and families involved. Transparency Orders will govern what can and cannot be disclosed, ensuring sensitive details remain confidential.
This change isn’t a free ride for unrestricted reporting. Only accredited journalists and authorised legal professionals are allowed into the courtroom. Judges maintain discretion to restrict or prohibit reporting, particularly in cases involving ongoing criminal investigations or heightened risks to anonymity. Transparency Orders outline what journalists can quote, which court documents they may access, and the conditions under which additional permissions must be sought. While these safeguards aim to strike a balance between public accountability and individual privacy, they may still raise anxiety for those involved in family court cases.
Still, the likelihood of your specific case being reported remains slim. With over 250,000 cases filed annually and limited resources in newsrooms, only a fraction will draw journalistic attention. Nevertheless, this development holds promise for demystifying the family justice system and fostering public trust.
You can read our full article here.
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MPs demand timetable for cohabitation reform
A cross-party group of MPs has applied gentle pressure on the government to confirm the timetable for cohabitation reform following a 2024 manifesto pledge to strengthen the rights and protections of women in cohabiting relationships.?
Full story: Law Society Gazette.
Thousands of children to be supported thanks to multi-million expansion of innovation in family courts
Families, children and victims of domestic abuse will be spared the trauma of going to court thanks to a multi-million-pound expansion of an innovative pilot across Wales and West Yorkshire. Full story: Ministry of Justice.
Better protection for victims from domestic abusers
Victims of domestic abuse will be better protected as part of a new law ensuring even more abusers face tougher management from police and probation. Full story: Ministry of Justice.
Landmark neurodivergence guidance for family lawyers
The president of the family division has urged lawyers to carefully read landmark guidance designed to support neurodivergent people in family proceedings so that they can consider how to adopt best practice. Full story: Law Society Gazette.
High Court judge criticises “unconscionable delay” in care case, extension of statutory time limits “by default”
A High Court judge has made a care order in relation to a four-year-old girl, finding that her best interests will be met by an adoptive placement outside her family, while criticising the “unconscionable delay” in the case, which took almost 30 months to reach a conclusion. Full story: Local Government Lawyer.
领英推荐
Family justice and social care systems paying “insufficient attention” to ensuring rights of parents with learning disabilities are upheld: Nuffield NFJO
The Nuffield Family Justice Observatory (NFJO) has highlighted the “important” role of advocates and intermediaries in enabling parents with learning disabilities to engage fully in court proceedings, after warning that family justice and social care systems are paying “insufficient attention” to ensuring that their rights under disability, equality and human rights legislation are upheld. Full story: Local Government Lawyer.
‘Epidemic’ of violence against women and girls in UK is getting worse – report
An “epidemic of violence against women and girls” in the UK is getting worse despite years of government promises and strategies, a highly critical report from Whitehall’s spending watchdog has said. Full story: The Guardian.
Separating couples “know about mediation but go to lawyers”
Awareness of family mediation as an alternative to legal advice is not matched by action, with nearly half of people saying their first professional port of call in divorce or separation would be a lawyer, according to the Family Mediation Council. Full story: Legal Futures.
Judge slams “disordered and chaotic” state of family case
An exasperated Family Court judge has adjourned a final financial remedies hearing, saying the case was in such a “disordered and chaotic state that it is simply impossible to proceed in a fair way”. Full story: Legal Futures.
??Care proceedings concerning 4 year-old child, issued following concerns over the mother's ability to keep the child safe from third parties who might pose a risk to her and the child, as well as her ability to meet the child's needs consistently. Child placed for adoption. Judgment includes judicial comment about the protracted nature of the proceedings. F, Re (A Child) (Future Welfare: Post-Adoption Contact: Unconscionable Delay) [2025] EWFC 13 (19 December 2024): Bailii.
Adoption
??Application for adoption order in relation to a child previously adopted by the applicants in Sierra Leone. Application adjourned, the local authority having not been able to complete their assessment, as the applicants were living in the UAE. B (Adoption Assessment) [2025] EWHC 103 (Fam) (23 January 2025): Bailii.
Child Abduction
??Application by father for summary return of children to the Netherlands. Application dismissed, after mother's Art 13(b) grave risk of harm defence made out. H v O & Ors [2025] EWHC 114 (Fam) (29 January 2025): Bailii.
Child Arrangements
??Child arrangements proceedings, where the father sought the transfer of the child to him, alleging alienating behaviours by the mother. Ordered that child remain with mother. T and G (Allegations of Alienating Behaviours), Re [2025] EWFC 15 (B) (30 January 2025): National Archives.
??Father's application for contact with children aged 16, 13 and 7. No contact ordered for 2 oldest children unless, after the age of 16, they wish it, and indirect contact only for youngest child. AB v CD (Child Arrangements Orders: Children over 16) [2025] EWFC 12 (B) (14 January 2025): Bailii.
Children Care Cases
??Fact-finding in care proceedings, concerning in particular allegations that the parents had given one of the children overdoses of Chloral Hydrate. Allegations found proved. A Local Authority v Mother & Ors [2024] EWHC 3511 (Fam) (17 December 2024): Bailii.
??Further appeal by father against order dismissing his application for a writ of habeas corpus seeking the return of his children, who had been taken into care. Appeal dismissed. The children were not detained, and therefore the father's application could not succeed. The Father v Worcestershire County Council [2025] UKSC 1 (29 January 2025): Supreme Court.
Divorce Finances
??Final hearing of financial remedies application, in 'typical' case, involving relatively modest means. Wife ordered to pay husband ￡80,000 in 2 years’ time, failing which former matrimonial home to be sold. TO v GA (Financial Remedies: Deferred Sale) [2024] EWFC 405 (B) (12 November 2024): Bailii.
? Judgment adjourning final hearing of financial remedies application due to the applicant's disregard for procedural rules in preparing for the hearing. T v T & Ors (Disregard for Procedural Rules, Adjournment) [2025] EWFC 14 (B) (29 January 2025): Bailii.
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