Knowledge and resources

This is a checklist of the main points a solicitor or direct access barrister should bear in mind when accepting instructions from a LiP. It begins with general issues and is then divided into sections according to the stage of the proceedings.

In my mediation practice, from the very first meeting, I encourage separated parents to put the children’s needs first. We use a range of resources including, of course, the Resolution “Parenting through separation” guide. In particular I encourage them to consider attending a Separating Parents Information Programme (SPIP).

This thought-provoking seminar was hosted by Dr Angharad Rudkin, a clinical child psychologist at the University of Southampton. She was joined by Ruth Hawkins, a partner at Boardman, Hawkins & Osbournes LLP, which specialises in private children law.

Covid-19 vaccination for school-age children is a potential minefield for separated parents, schools, local authorities, and ultimately the courts. There are a number of elements to hold in mind.

In Re X (A child acting by her Children’s Guardian) v Y (Restraining abuse of Children’s Guardian) and Z, Mr Justice MacDonald had to weigh up the competing principles of freedom of speech and respect for private and family life. This involved using “the ultimate balance test”.

In this workshop a panel of Alex Verdan QC, Charlotte Bradley and Dr Mark Berelowitz, chaired by Simon Blain, provided a fascinating and extremely useful insight into high-conflict parental disputes from their wide-ranging perspectives.

It’s a Friday at 5pm, you’re in the office (pre-pandemic), the phone rings and a client says their kids have been taken…

This was the scene set by Simon Craddock (Brethertons) and Laura Morley (4PB) to start off their workshop looking at emergency private children cases where one partner unilaterally removes the children.

Two recent cases have clarified the position where parents disagree on whether to vaccinate their children, and a local authority’s position when considering children in its care.

The courts have a number of powers to enforce compliance with child arrangement orders but each needs to be carefully considered in the circumstances of the case.

The Court of Appeal decision in R v P (Children: Similar fact evidence) [2020] won’t open the floodgates for the admission of similar-fact evidence, provides useful clarity on when and how it can be used.

The new Scottish measures have similarities with and differences from E&W, Canada, Australia and NZ. One key point is the move to hear the voice of the child.

Cafcass has now rolled out its new co-parenting programme nationally. It looks like an effective strategy to get high-conflict – but not change-averse – parents back to the drawing board.

We set out below some of the offences most commonly encountered in cases where family and criminal law overlap.

As with most areas of contentious law, having to instruct a criminal or family lawyer is seldom a happy process for the client. Unfortunately, the nature of relationship breakdown means that all too often family proceedings result in the need for criminal advice.

It is hard sometimes to help parents focus on the legalities of the divorce when they are in emotional turmoil and looking to their lawyer for emotional support. So how do we define our boundaries in a way that is both supportive for our clients with children, and helpful for us?

The charity OnePlusOne has five decades of research into family breakdown and has developed models, programmes and publications that deliver. As lockdown-related family problems surge, the charity asks if the DD&S Bill might offer some glimmers of hope…

Family Law in Partnership reflections arising from Simon Sugar’s presentation for Resolution, January 2020 for The Review.