LAW2023 Online: Family Law (Autumn)

Domestic Abuse Act 2021, Fact Findings and Private Children Law Cases-Current Approaches

Presented by Safda Mahmood, Solicitor, Lecturer and Author

Many children law cases will have aspects of domestic abuse raised within them. 

This session will cover, in particular, the use of Schedules of Allegations, the use of PD12J and the changes brought about by the Domestic Abuse Act 2021. 

Topics covered include:

When should the court list for a fact- finding hearing?
Application of PD12J
What is the position with contact/child arrangements pending a fact finding?
Use of Scott Schedules 
Changes brought about by the Domestic Abuse Act 2021 
When will the court order 'no contact' 
Risk assessments after the fact- finding hearing

The Sessions Aims and Objectives 

Scott Schedules and Controlling and Coercive behaviour 
Impact of the Domestic Abuse Act 2021
Preparing cases involving domestic abuse

Enforcement of Child Arrangements Orders- What are the various options?

Presented by Safda Mahmood, Solicitor, Lecturer and Author

Enforcing child arrangements order can often be an incredibly emotive area of work. 
The options available to deal with enforcement of child arrangements are numerous.

Topics covered include: 

What are the options available and how do they all fit together?
What about unpaid work, committal and financial compensation?
What is the position with cases involving parental alienation?
What are the requirements of varied options?
Developments in procedure and methods to reduce delay.
When will the court switch live with arrangements?

The Sessions Aims and Objectives 

Consideration of various options that are available and their effectiveness.
Steps to take and procedure.
Preparing cases involving enforcement. 

How to be Appealing- Running an Appeal

Presented by Elissa Da Costa-Waldman, Barrister

This session will look at how to appeal a decision and the limited bases upon which is may be done taking practitioners through the law as to whether the appeal is 'fanciful' or has a real prospect of success. 

Topics covered include: 

Looking at the procedure to be adopted together with drafting points following on from the decision of Mostyn J in Augousti v Matharu [2023] EWHC 1900 (Fam).

The course will consider previous case law and the FPR which includes rules as to what Advocates can and should do at final hearings to seek clarification of decisions/ judgements in order to minimise appeals.

The Sessions Aims and Objectives

After this course, Practitioners will be able to:

Consider what needs to be done at the conclusion of a hearing to avoid/minimise costly appeals. 
Properly consider and advise on the degree of likelihood needed to satisfy the criterion of 'a real prospect of success' of a proposed appeal.
Make a judgement to advise clients on how improbable the success of an appeal has to be to satisfy the criterion that ' the proposed appeal is totally without merit'?
Understand the procedure to be used for Appeals considered to be meritorious.
Know and be able to draft the documents required for an appeal.
Draft succinct Grounds of Appeal. 

Vexatious Litigations 

Presented by Elissa Da Costa-Waldman, Barrister

Topics covered include:

The behaviour of the vexatious litigant and what can be done to combat it through the prism of the section 91(14) Order in Children Act 1989 proceedings and the Civil Restraint Order in other proceedings.
With an analysis of AB-v-CD [2023] EWFC 110, a decision of Mostyn J looking at the impact of the vexatious litigant on proceeding and the other party. 

The Session Aims and Objectives 

Consideration of when a litigant becomes vexatious and when action should be taken.
What a 91(14) Order actually means and its effects.
When it is appropriate to make an application for permission to make an application when a 91(14) order is in force.
Procedure to adopted when seeking permission to make an application while a 91(14) order is in force. 
Understanding the nature and purpose of a Civil Restraint Order.
Procedure for applying a Civil Restraint Order.