Private Children Law - The Trickier Issues

Introduction

Private children proceedings are sometimes simplistically characterised as ‘arguments between parents who need to learn to co-parent after separation’. However, many of the cases that enter the court arena are far from straightforward, generating protracted and repeated complex litigation. Increasingly courts and professionals recognise that perpetrators of domestic abuse may seek to utilise litigation as a platform for continuing abuse post-separation.

Many cases involve allegations of domestic abuse that engage PD12J with the court having to consider whether or not is it necessary to hold a separate fact-finding hearing. There are also often allegations that a parent has sought to ‘alienate’ a child.

Some cases will walk the tightrope between private and public proceedings, with the local authority being involved, being directed to prepare a welfare report, or consider whether the threshold for the making of public law applications has been met.

There may be the need for the children’s interests to be separately represented, and the court will appoint a R 16.4 Guardian.

Questions will arise as to whether or not parties may recover costs in private children cases.

This course will enable you to navigate these issues.

What You Will Learn

This course will cover the following:

• Using initial client meetings effectively to gather relevant information
• Drafting S8 applications with a view to managing case strategy and allocation to the correct level of tribunal
• Utilising NCDR and arbitration in private children cases
• Understanding PD12B, urgent hearings prior to the conclusion of initial safeguarding and the making of consent orders
• Navigating PD12J: preparing C1A’s, schedules of allegations and preparing for fact-finding hearings
• Managing cases where the local authority is involved - early help, CIN and protected children - S37 reports
• Working alongside R16.4 Guardians
• When and how to instruct experts - Part 25
• Whether costs may be recovered in private children cases