Case management in public children proceedings
Case management in public children proceedings

The following Family practice note provides comprehensive and up to date legal information covering:

  • Case management in public children proceedings
  • The overriding objective
  • Jurisdictional issues
  • The court’s responsibilities—general
  • The court’s responsibilities—approach to children’s cases
  • The court’s responsibilities—private consultations between judge and advocates, meetings with children and recusal
  • The parties’ responsibilities
  • Responsibilities of solicitors
  • Responsibilities of barristers

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in England and Wales during the coronavirus (COVID-19) pandemic and until further notice, which profoundly affects normal practice, including requirements for the majority of family hearings to be dealt with remotely. For details about the changes to court processes and procedures during this time, see Practice Note: Coronavirus (COVID–19)—news and resources for family lawyers. In addition, the Coronavirus (COVID-19) toolkit provides easy access to news, practical guidance and Q&As from across a number of Practice Areas (subject to subscription). Of particular note is the decision of the President of the Family Division, Sir Andrew McFarlane, in Re P (a child: remote hearing), those of the Court of Appeal in Re A (children) and Re B (Children) (Remote Hearing: Interim Care Order) and the decision of Lieven J in A Local Authority v Mother and others. Whether or not a hearing should be dealt with remotely will be a case management decision for the judge, and guidance or indications issued by the senior judiciary as to cases which might, or might not, be suitable for a remote hearing are no more than that, although '…experience shows that remote hearings place additional, and in some cases, considerable burdens on the participants'. See also News Analysis: Remote

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