Care or Supervision Orders

Re D (Care or Supervision Order) [1993] 2 FLR 423 The father had a conviction for cruelty to a child and had served 18 months when a child in his care died. The LA was concerned for the safety of a different child of a relationship between the father and a different mother. An interim…

Interim Removal

  LEGAL PRINCIPLES RE INTERIM HEARINGS & REMOVAL OF CHILDREN FROM PARENTS (as at 17.03.23) INTERIM THRESHOLD   Threshold Criteria – Section 31(2) Children Act 1989  (a) the child concerned is suffering, or is likely to suffer, significant harm; and  (b) that the harm or the likelihood of harm is attributable to –    Harm –…

Fact Finding

RELEVANT LAW The law relevant to fact finding hearings of this nature can be summarised as follows. I should have in the forefront of my mind the provisions of Articles 6 and 8 of the ECHR. In particular it is important that I ensure that any person who might be affected adversely by my judgment,…

Letters to Experts

Letters of Instruction to Expert Witnesses 09.03.23 Introduction The draft letter below and the commentary takes account of the Public Law Outline, the Practice Directions relevant to experts in Family Proceedings (PD 25 A-F) (https://www.justice.gov.uk/courts/procedure-rules/family/parts/part_25) & previous Family Justice Council guidance now contained at the end of Practice Direction 25C.  At the end of this…

Sedley’s Law of Bundles

SEDLEY J (AS HE THEN WAS) THE LAWS OF DOCUMENTS FIRST LAW: Documents may be assembled in any order, provided it is not chronological, numerical or alphabetical. SECOND LAW: Documents shall in no circumstances be paginated continuously. THIRD LAW: No two copies of any bundle shall have the same pagination. FOURTH LAW: Every document shall…