Splitting Headache


banana split

trial by banana split (Photo: arboltsef)

To split or not to split? That is the eternal question, answered here by new Prez in new guidance. In short: split only when it serves a purpose. And don’t forget split listing (or not) is a judicial decision. Lord Justice Wall (little known founder of Wall’s Ice Cream) also adds a reminder that splits of the banana variety are absolutely not to be eaten whilst the court is sitting. During the luncheon adjournment only please. (Okay, I made that last bit up, but it was a VERY dull post without it).

Guidance: Split hearings May 2010

Did you know…?

…that Deputy District Judges are now not permitted to deal with most Children Act matters? No, nor did I (a gap in my capacious knowledge, how embarrassing) until arriving at court this morning only to be told that the matter would have to be put back as it had accidentally been listed in front of a judge without jurisdiction.

So I thought I would draw your attention to the Family Proceedings (Allocation to Judiciary) Directions 2009, in force since 16 February 2009, which you can read at your leisure here.

It is worth being up to speed on the question of jurisdiction. Today it didn’t matter much but court staff are not infallible in listing a matter in front of an appropriate judge and a judge who is given a list may not spot the problem. I recall an early appeal against Jacqui of Bloody Relations where I successfully overturned an order for committal made by an over eager District Judge who had no ‘power to pot’.

So, for future reference, a DDJ can deal with enforcement of children act matters only, not including residence or special guardianship. So that’s pretty much nothing. And it doesn’t even matter if it’s straighforward or by consent. It’s an interesting rule in the current climate of downshifting as much as possible to the FPC and trying to spread the burden of cases across the court system as widely as possible, and even more so when one thinks that some of our most experienced but semi-retired DJs are sitting as DDJs.

Still, it is not for me to question, only to inform.

Granny v Gay Adoption

I came across this article in the Telegraph which deals with the decision to place two young siblings for adoption in preference to leaving them with their grandparents in a kinship placement. Although I don’t know any more about this case than I have read in the article I want to offer a few thoughts on it because – as is so often the case with the accounts given in the media of individuals cases – between the lines those with experience of the system can read far more into what is probably going on than might be apparent to the majority of the readers of it. And I’m afraid that the published story seems highly unlikely to me to be the whole story. I’ve posted before about how the limitations on what information can be obtained and published in connection with family cases tends towards skewed or misleading accounts being presented through the media. And of course the primary reason that this story is deemed newsworthy is because it is an account of a case which appears to demonstrate injustice and which it is strongly insinuated is a demonstration of systematic unfairness and political correctness gone crazy. It is quite likely that if fuller information were made available or the law and process more clearly explained in the article it would be much less newsworthy, and may be deflated to no more than the dual elements of the anger / sadness of those who have lost a child of the family to adoption and an objection to the law that permits adoption by gay couples.

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