A County Council v K and others [2011] All ER D – the independence of guardians

In this care case the court objected to and intervened in an attempt by CAFCASS to unilaterally decide to de-appoint a guardian. The court also raised concerns about a joint approach to the court by CAFCASS and the local authority to ask the court to reconsider an earlier decision not to remove a child into [...]

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New Draft GMC Guidelines on Child Abuse

The General Medical Council (“GMC”) states that “doctors play a crucial role in protecting children from abuse and neglect” but just how far does this role extend? Anyone who has been involved in a case involving child abuse will be aware that this is a highly sensitive area beset with difficulties from the start. In [...]

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Mediation- the story so far….

The new changes in the way in which contested applications are to be dealt with are receiving the thumbs up from those in Manchester. The new rules mean that anyone setting out to contest the terms of their separation must first consider mediation. Mediators in Manchester have informed Justice Minister Jonathan Djanogly that early signs indicate that a [...]

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A DISTINCTION WITHOUT A DIFFERENCE?

  The recent Supreme Court judgment in Re W (Children) [2010] UKSC 12, reformulated the Court’s approach to determining whether a child should give live oral evidence in family proceedings. In short, the Supreme Court removed the existing (and rarely rebutted) presumption that, other than in exceptional circumstances, the potential damage to the child is [...]

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From Cardiff with Love

To Cardiff for the 23rd National Resolution conference where family lawyers met to debate and discuss recent changes and issues in family law. High up on the agenda was the impact on the recent cases of Imerman v Tchenguiz [2010] EWCA Civ 908 [2010] 2 FLR 814. A workshop by Harry Oliver and Christopher Pocock QC of 1 King’s Bench [...]

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