Tag Archives: procedure

Recent Addition

The ‘recent additions’ feature on bailii.org is useful – it highlights not only recently promulgated decisions but also those that are perhaps a little older but have only recently been made available on bailii. So, for example, listed at the moment is the case of OS v DS (Oral Disclosure: Preliminary Hearing) [2004] in which Coleridge J sets out the novel procedure he devised to short-cut through protracted and costly ‘big money’ ancillary relief litigation, by holding an early cross examination of the husband to enable the parties to assess the troubling issue of alleged non-disclosure and apparent concealment of assets that was likely to otherwise prevent early settlement.

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You can find the decision here. You can find the ‘recent additions’ list here.

Participation of Children

An interesting article by District Judge Crichton (Inner London FPC, champion of the Drug & Alcohol Court Pilot) about enhancing the participation of children in Family Proceedings. He suggests that children of an appropriate age should be routinely asked by CAFCASS about the possibility of meeting the judge and that judges should not be reluctant to meet them in chambers or in the courtroom, in the presence of the CAFCASS Officer, child’s solicitor or court associate / legal advisor. He suggests good practice is that an agreed note of what was said can then be shared with the parties.

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In my experience a child attending court is comparatively unusual let alone meeting with the judge in their case. That is not to say that it should not be considered more often – many children clearly feel disempowered and frustrated or confused that they have no say decisions that affect them. It is a delicate balance between empowering children without burdening them with the responsibility for making a decision or expressing a preference between parents which can be excruciating for children.

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The article can be found in the Hilary Term issue (#39) of The Barrister magazine.

grrrrr

This may be shouting into a gale but dammit will SOMEBODY PLEASE tell social services legal departments that you cannot obtain a supervision order through a last minute recommendation in a s37 report without issuing a s31 application in the usual way? If my client’s long awaited final hearing on residence is waylaid this week because of a failure to recognise this basic procedural point I shall be most displeased…

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Sorry to anyone who is wondering what I’m ranting about, but I DO feel better now. Back to work….