Bloomsbury Family Law Briefing: December Teaser

Child rights in private law Children Act 1989 proceedings

A child’s views (according to his or her understanding) must be heard in proceedings which concern the child. The Children Act 1989, a UN Convention and a EU Charter all agree on that. But what are the law and the court procedure for such views to be considered by the judge?

In private law (Children Act 1989, Pt 2) proceedings can the child instruct a solicitor to represent his or her case? When and in what type of proceedings can the child be represented by a solicitor chosen by him or her? And what if a party to the proceedings or the judge queries whether a child is of sufficient understanding to take on and have his or her own solicitor?

These are some of the questions this month’s Bloomsbury Family Law Briefing raises; and which it tries to answer.

Top five cases: November 2018

Moore v Moore & Anor [2018] EWCA Civ 2669 (27 November 2018) – with a summary of the law and equity on proprietary estoppel.

K & Anor, R v Secretary of State for the Home Department [2018] EWHC 2951 (Admin) (8 November 2018) – Mostyn J on modern slavery and Home Office discrimination against victims.

AEY v AL (Family Proceedings: Civil Restraint Order) [2018] EWHC 3253 (Fam) (19 November 2018), Gwyneth Knowles J – extended civil restraint order (CRO) made for two years against a father.

US v SR [2018] EWHC 3207 (Fam) (29 November 2018), Roberts J – when can an executory order be revisited? Helpful review of law on this question.

WG v HG [2018] EWFC 70 (30 July 2018), Francis J – the parties’ proposals were each totally unrealistic; and ‘people cannot litigate on the basis that they are bound to be reimbursed for their costs’.

The Family Law Briefing is part of the Bloomsbury Law Online Service. The full briefing is available here.