Private & Public Children Law - 6 Essential Modules

Introduction

This box set features six 30-minute online modules presented by Stuart Barlow and Christopher Miller. It is designed for anyone involved in the area of private or public children law cases.

Module 1: Finding of Fact Hearings in Private Children Cases: Stuart Barlow

Finding of fact hearings in private children cases have been a source of much attention in recent times and courts have had to grapple with an increase in the number of private children cases involving domestic abuse and fact-finding hearings. Following the Domestic Abuse Act 2021 Qualified Legal Representatives (QLR) are being increasingly appointed in finding of fact hearings.

This webinar will consider the current law and procedure as well as recent case law and will include:

• Conducting a Finding of Fact hearing
• Reviewing the importance of Practice Direction 12J
• Restrictions on cross examination
• The appointment and role of Qualified Legal Representatives (QLR)
• Recent procedure and case law

Module 2 (Part 1): Reporting in the Family Courts & the Recent Changes: Stuart Barlow

As from the 27 January 2025, journalists and legal bloggers are able to report on family court cases across England and Wales in what has been described as ‘a watershed moment for family justice’.

The change comes after the success of a two-year transparency pilot and means the media will be able to inform the public about the decisions being made every day by family court judges.

This part will include the following:

• The general position on reporting of cases in the family court
• A review of transparency in the family courts and the reporting pilots
• Transparency orders
• Future developments

Module 2 (Part 2): Intermediaries: Stuart Barlow

Intermediaries can be appointed in private children cases but there has been some confusion when such appointment should take place. This part looks at the current practice and procedure afresh, taking into account the Practice Guidance issued by the President of the Family Division and the cases that brought it about.

This part will include the following:

• What is an intermediary?
• The role of an intermediary
• Appointing an intermediary
• Making an application for an intermediary assessment
• Part 3A Family Procedure Rules 2010 and Practice Direction 3AA
• Cases including - Re M (A Child: Intermediaries) [2025]

Module 3: Litigants in Person & McKenzie Friends: Stuart Barlow

The growth of parties who act as Litigants in Person (LIP) is proving to be one of the most challenging aspects for courts and advocates in family proceedings. As many as 80% of private children cases involve at least one LIP. This module seeks to address the challenges of working with a Litigant in Person, and will take a fresh look at the current position including the role of McKenzie Friends and their future within the court system. It will also consider the appointment and role of Qualified Legal Representatives (QLR) in acting for a LIP.

This module will include the following:

• Reasons for LIPs
• The Court’s approach to LIPs
• Conducting a hearing with the LIP
• Lawyers' responsibility towards the Litigant in Person
• The Equal Treatment Bench Book
• Cost issues
• Case law

Module 4: Covert recordings: Christopher Miller

‘Advances in technology empower anyone with a mobile phone or a tablet to make recordings that would be the envy of yesterday’s spies.’ M v F. Almost 10 years on from this decision, the issue of covert recording is a recurring theme in family litigation. There can be no doubt that covert recordings can be a case-changing piece of evidence; having potential both to advance and to ruin a client’s case. How do you support a client to wield (or abandon) this double-edged sword? What implications are there for the lawyers who process this material?

The module will include:

• The FJC guidance on covert recordings
• The latest developments in case law
• Advising clients who indicate a wish to commence covert recording of others for evidential purposes
• Pros and cons of seeking to use covert recordings that have already been made
• Recommendations as to the optimal procedure for seeking to adduce covert recordings in Family Proceedings
• GDPR implications of processing covert recordings
• Costs consequences in relation to covert recordings

Module 5: Post Adoption Contact: Christopher Miller

One of the biggest changes in social work perspective in the last 20 years has been that relating to post-adoption direct contact. How do you advise clients as to what a Court is likely to do, how do you shape litigation in the run up to a final hearing and how do you promote or oppose provision for direct contact at a final hearing?

This module will include the following:

• Summarising the statutory and procedural framework
• Identifying research that can be used to support analysis and argument
• Analysing the current case law that applies in relation to placement order and adoption applications where contact arrangements are in dispute
• Applying the above to some common worked scenarios
• Carrying out a horizon scan in relation to likely future developments in this area

Module 6: Parental Alienation: Christopher Miller

Parental alienation must be one of the most vexed and controversial topics to come before the Family Courts in recent times. We now have comprehensive guidance from the Family Justice Council on how to approach cases which potentially involve this issue, but what are the consequences of this guidance in practice? How do we augment our approach to representing clients in the (very many) cases where this issue is raised?

• The nature and definition of parental alienation
• The FJC guidance on cases involving alleged parental alienation
• What is not parental alienation?
• Pre and early proceedings evidential considerations
• The use of experts
• The latest case law

This pre-recorded webinar will be available to view from Wednesday 29th April 2026

Alternatively, you can gain access to this webinar and 2,100+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.