Talking Family Law – the Resolution Podcast

Listen to Resolution’s podcast, with guest experts discussing topical issues in Family Law, with our hosts Simon Blain and Anita Mehta.

We have now recorded over 40 episodes. Each episode is a deep dive into a particular aspect of family law. We cover general training as well as topical issues across the full spectrum of family law, from financial remedy and intervenors to abduction, private, and public law.

In each episode, we ask our guests to explain what the law is at the date of recording. This includes the leading authority or relevant statute, practical tips, and thoughts for reform. Expect lively debate and personal insights. We encourage our guests to take part in open discussion as a way of providing legal commentary, on the understanding that no one is held to the views expressed on the podcast. Next week, they may argue the opposite on behalf of their clients.

We hope the podcast gives you a sense of what Resolution is all about, and that you consider joining us if you like what you hear. More importantly, this is our way of giving back to the family law community. Whoever you are, and wherever you’re based, this podcast gives you access to insights from the country’s leading experts. There is no need to pay a fee or travel to hear them speak. Instead, you can simply download the episode and listen on your way to work.

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We were thrilled to be shortlisted for the Family Law Commentator of the Year award at the 2023 LexisNexis Awards. We were even more thrilled to win it in 2024!

Hosts Simon Blain and Anita Mehta with Resolution staff at the LexisNexis Awards 2023

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DISCLAIMER:  Nothing in any of the episodes is supposed to constitute legal advice.  We invite our guests to express personal views by way of legal commentary, this may differ from how they put their client’s case.

No liability is accepted for any error or omission about the law in respect of a particular topic.

S5 Episode 11: How to run a case in a Child Focused Court

About this episode

Hosted by: Anita Mehta and Simon Blain

Guests: Angela Killa and Elizabeth McGrath KC

Further information

Wherever you are in the country, it is only a matter of time until child focussed courts are coming, so you need to know about them. We are joined by Angela Killa (JCP solicitors) and Elizabeth McGrath KC (3PB) to tell us about how to run a case in a child focussed case.

Angela starts with giving a rundown of how child focused courts function:

  • Application
  • Initial Gatekeeping (in the absence of the parties)
  • Child Impact Report, plus potentially referrals to domestic abuse serves and DASH risk assessment
  • Safeguarding Gatekeeping Appointment (in the absence of the parties)
  • Single decision hearing where possible, if not possible other directions (e.g. interim hearing, fact-finding, s7 report, statements) leading to final hearing

Angela tells us that it is really important to frontload the work and have the evidence available before you issue proceedings, because there will be no time after proceedings are issued.  Be warned that in certain parts of the country, only 7 days is allowed for statements to be produced.

Angela tells us how it is crucial that you add much more detail into the C100 than previously, given the limited opportunity to put evidence and your client’s case before the court.  Equally much more care needs to be given to the C1A getting allegations correct and ensuring it sets out comprehensively what evidence is available; consider asking for a direction to be allowed to file it.  If there are relevant witnesses consider documenting what evidence they can provide and why it is relevant in the application, as well as asking for a direction to file their evidence.

Angela and Liz agree it is better to have Counsel involved before proceedings are issued to provide advice on the application, evidence and directions sought.  Ensure that you have a conference arranged for when the child impact report is filed because there is likely only going to be 7-days for Counsel to identify whether they need to cross-examine the Officer, what arguments they seek to run and for the C2 to be filed seeking the Officer’s attendance at the final hearing. If you are representing a respondent, consider filing a response to ensure your client’s case is available before the child impact report is filed.

Liz tell us about how to manage high risk cases that may involve serious allegations of abuse.  She reminds us that whilst the aim of the model is to remove adversarial, contested hearings the arbiter of the facts remains the Judge, so advocates need to be alive to when the Cafcass Officer has usurped that role. Liz talks about the importance of written advocacy at decision hearings.

Angela explains the importance of gathering evidence before the court process when dealing with applications for specific issues like changing schools or relocation cases.  Again, you need to say in the application that you have those documents, and you would like to file them so that the Judge considers that at the Initial Gatekeeping hearing.  In respect of application for assessments, for example a psychological assessment, a C2 needs to be filed setting out why it is necessary to have expert assessment. Remind yourself of the case law:

We then to go on to discuss the pros and cons for the system. Resolution has conducted a survey to gather early practitioner experiences can be found here. Both Liz and Angela agree that this is a brilliant system for straight forward cases where parents are unable to agree the precise division of care/ handovers/ holiday arrangements.

The challenge is ensuring that the other cases, which do require fact-finding, or experts, receive appropriate case management to achieve a just outcome.

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