LAW2022 Online: Family Law (Summer)

This event includes:

• A high quality 4 x 1 hour pre-recorded video and audio broadcast (topic titles are listed below)
• Q&A – watch the 1 hour recording of the “Shape The Debate” Q&A session with the speakers. This is your opportunity to hear our experts answering attendee questions on both the pre-recorded content and general day to day Family Law issues
• LAW2022 Online: Family Law Exhibition – claim an additional hour of CPD, via a choice of webinar from our Webinar Learning Library worth £35+VAT
  
  

Topics covered are:

Fact Finding Hearings in Private Children Law Proceedings

Presented by Elissa Da Costa-Waldman

This course provides an in-depth analysis of the latest decision on fact finding hearings in private children law proceedings, where there are allegations of coercive and controlling behaviour and should assist practitioners in knowing in what circumstances it is appropriate to seek a direction for a fact-finding hearing. In this latest decision K -v K [2022] EWCA Civ 468 (20^thApril 2022) the Court of Appeal clarifies RE: H-N. Following Re: H-N there had been confusion as to when it is appropriate to hold fact finding hearings and when it is not. The decision in K -v- K also considers the place of non-court dispute resolution at every stage pf proceedings.

This session covers:

• Analysis of the decision in Re: H-N
• What is the effect of coercive and controlling behaviour in private children law cases
• How did Re: H-N confuse matters?
• Analysis of the decision in K -v- K
• What is the current guidance on whether or not to hold a fact-finding hearing?
• At what stage in proceedings should the decision to hold a fact-finding hearing be made?

Security for Costs and Soft Loans

Presented by Elissa Da Costa- Waldman

This session examines two potential discrete issues that may arise in practice. Security for costs is an unusual application in civil cases, but even rarer in family cases, particularly those involving children. The course examines when such an application may be relevant, for both TOLATA case (civil) and in the family context together with the guidance provided by Mostyn J in MG v AR [2021] EWH 3063 (Fam).

The second part of the session considers a frequent issue in financial remedy cases, that of the treatment of soft loans, following the guidance provided in P -v- Q [Financial Remedies) EWFC B9, to enable practitioners to better advise their clients .

This session covers:

• Civil claims – when is it appropriate to seek security for costs?
• Family cases – costs orders are rarely made so when would an application for security for costs be appropriate?
• Analysis of MG -v- AR
• Guidance to making an application for Security for Costs in a family case
• What is the difference between a hard and a soft loan?
• Why are they relevant?
• What was the previous case law?
• Analysis of P -v- Q
• Current Guidance on treatment of soft loans

Enforcement of Child Arrangements – Options and Dilemmas

Presented by Safda Mahmood

The options available to deal with enforcement of child arrangements are numerous. This session will cover:

• What are the options available and how do they all fit together?
• What is the position with cases involving parental alienation?
• What are the requirements of varied options?
• Developments in Procedure and methods to reduce delay
• Hostility Disputes – What options are available and Parental Alienation
• Rule 16.4 and s.37 CA 1989
• Suspended Orders and Switching of Living with
• Committal and changes in procedure
• Enforcements Orders and Financial Compensation
• Child Arrangements and Nesting Arrangements

Private Children Law Update, Fact Findings and Domestic Abuse – Current Trends

Presented by Safda Mahmood

This session will involve looking at the developments in children law matters, ranging from matters over parental responsibility, vaccinations and domestic abuse. The law relating to children law and how it first in with domestic abuse has been developed significantly. This session will cover, in particular, the use of Scott Schedules in pleading allegations of domestic abuse, the use of PD12J and the changes following the Domestic Abuse Act 2021.

This session will also cover:

• Hostility Disputes – What options are available and Parental Alienation
• Rule 16.4 and s.37 CA 1989
• Suspended Orders and Switching of Living with
• Committal and changes in procedure
• Enforcements Orders and Financial Compensation
• Child Arrangements and Nesting Arrangements