EDUCATION AND TRAINING

We will keep you informed about training events which may be hosted by the FJB or other organisations, and will make educational material available on this page.

Practice Guidance: Financial Remedy Proceedings after Foreign Divorce

  |   Education & Training, Latest News, Updates from the Bench

Please take note of the attached Practice Guidance on Financial Remedy Proceedings after a Foreign Divorce.

 

The Guidance is from His Honour Judge Rogers, Financial Remedies Circuit Judge for the Midland Circuit.

 

His Honour recommends the adoption of the approach outlined by Holman J in Barnett v Barnett [2014] EWHC 2678, and that such cases should be issued locally.

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The Leicester and Leicestershire Family Justice Board Annual Conference 2014 – A Review

  |   Education & Training, Events, Latest News

On the 10th October 2014 practitioners and family court users met for the first annual Leicester and Leicestershire Family Justice Board conference. This event followed the previous successes of the conferences held in 2013 and 2012 organised by the Leicestershire and Rutland Family Justice Board and the earlier 6 conferences organised by the Family Justice Council.

 

The conference, entitled Modern Families: Challenges, Choices and Opportunities, gave those attending a highly informative agenda and content addressing some of the many issues and changes facing family law in modern society.

 

The conference opened with a welcome address by HHJ Clifford Bellamy, Designated Family Judge for Leicester and Leicestershire and the official launch of the LLFJB website. The other conference speakers were The Honourable Mr Justice Hayden; Julie Selwyn, Professor and Director of the Hadley Centre for Adoption and Foster Care Studies at the School for Policy Studies, Bristol University; and The Reverend Dr Jonathan Pye, Methodist Minister. Delegates also attended workshops/ seminars throughout the day with professionals specialising in the research of family law and its practice. The workshops considered various aspects of modern families, including same sex parenting, adoption, and the impact of international law and abduction out of the jurisdiction.

 

The Honourable Mr Justice Hayden gave the key note address at the conference. The focus of his speech addressed the reforms within the family justice system. He reflected on the largely structural reforms, emphasising that there has not been a significant shift of view within the family courts when applying the legal principles. He spoke about the Children Act 1989, viewing this statute as one of the most significant pieces of legislation of the 20th Century given it changed the practice of family law and the law generally. The current reforms give family practitioners the opportunity to reconnect to the Children Act 1989 and its principle against delay; parental responsibility; and transparency.

 

Thanks are given to the LLFJB Education and Training Committee for organising the event and to all of the speakers for their contribution. We look forward to the 2015 conference, for which details will be advertised on the website later this year.

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Secure Accommodation Orders: London Borough of Barking and Dagenham v SS EWHC 4436 (Fam)

  |   Case Updates, Education & Training, Latest News

Please be aware of the attached case in which Hayden J sets out the principles governing the granting of Secure Accommodation Orders.

 

Hayden J makes it clear that such orders are to be a last resort, even when the s25 criteria are met, and specifically refers to the use of injunctions to safeguard children from exploitative adults (see BCC v Riaz).

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The First Q v Q decision – K and H (Children: Unrepresented Father: Cross-Examination of Child) [2015] EWFC 1

  |   Case Updates, Education & Training, Latest News

Please read the judgment handed down 5.1.15 by His Honour Judge Bellamy, sitting as a Deputy High Court Judge, in the above case.

 

This is the first such reported case following Q v Q.

 

The subject child alleged sexual abuse by Father. It had been already decided that she should give evidence. Father did not wish to cross-examine the subject child himself but sought to challenge her allegations.

 

Father represented himself, but had a disposable income just outside of the LASPO limits and so outside of the scope of the Legal Aid Agency exceptional circumstances provisions. He could not afford to pay for private representation.

 

His Honour considered detailed argument, legislative provisions and case law before coming to the view that was a case that required that HMCTS should be directed to pay for an advocate to put Father’s case and meet the court’s duty to ensure Convention compliant hearings pursuant to Section 6(2) of the Human Rights Act 1998.

 

 

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BCC v Riaz: Child Sexual Exploitation Injunctions

  |   Case Updates, Education & Training, Latest News

Please take note of the groundbreaking case of Birmingham City Council v Riaz [2014] EWHC 4247 (Fam) concerning injunctive relief against perpetrators of CSE before Keehan J.

 

Keehan J sets out the route by which Local Authorities can and indeed should take steps to protect vulnerable children with civil injunctions pursuant to the inherent jurisdiction.

 

The case also has an informative summary about reporting restriction orders.

 

For further information about this case, please click here.

 

 

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Re: R (A Child): A Major Clarification of Re: B-S

  |   Case Updates, Education & Training, Latest News

Please read with care the attached judgment handed down 16.12.14 in the Court of Appeal in the case of Re: R (A Child) EWCA Civ 1625.

 

It is respectfully suggested that all care practitioners should familiarise themselves with this case very promptly.

 

It contains an overview of the principles contained in Re:B-S and how they should in fact be applied in a reasonable and realistic way and contains valuable guidance from the President.

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