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Family Law Week: Practice Direction 12J & Scott Schedules – Rearranging a spider's web


Sir Andrew McFarlane, the President of the Family Division, Lady Justice King and Lord Justice Holroyde (with extensive experience in criminal matters) have recently heard four linked appeals related to family proceedings involving the welfare of children.
It is anticipated that the Court of Appeal will give general guidance on the approach taken by the family court in cases in which domestic abuse is alleged.
My concern is that whatever the Court of Appeal says, the fundamental issue is time. Time for the court to consider the evidence, time to marshal the evidence, time to appropriately hear the matters in dispute, time to make findings, time to give judgment, time to list any fact-finding hearing swiftly, time to consider interim contact. ....

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Family Law Week: F v M [2021] EWFC 4


F v M [2021] EWFC 4
Mr Justice Hayden’s detailed judgment, making extensive findings of coercive and controlling behaviour, underlines the need for the court to assess a pattern or series of acts cumulatively.

Background
The need for fact-finding arose in respect of F s application for contact with two children, Y aged six and S, three, who live with their mother, M. The case was transferred to the High Court by the Court of Appeal, which had overturned a case management decision not to accept similar fact evidence. (Re R-P (Children) (Domestic abuse: similar fact evidence) [2020] EWCA Civ 1088)
The two families ....

Justice Hayden , Gill Honeyman , High Court , Crime Act , Scott Schedules , நீதி ஹைடன் , கில் தேனீ , உயர் நீதிமன்றம் , குற்றம் நாடகம் ,