Can a local authority restrict a child’s use of a mobile phone?

I was recently asked to consider a case involving a 16 year old child in local authority care, following fears of child sexual exploitation. The local authority wanted to apply to the court for permission to put ‘spyware’ on the child’s mobile phone, in order to monitor any conversations the child was having with those […]

After Brexit: Jurisdiction to make care orders when child is a foreign national

London Borough of Hackney v P and Ors [2022] EWHC 1981 (Fam) Judgment was handed down by Mr Justice MacDonald on 29th July 2022. This case concerned a 12 year old girl who was born and lived in France until her mother’s death in 2017 when she moved to Tunisia in the care of her paternal […]

The Care Review

We have oppressive system that purports to be about child protection – but parents and children are frightened of us #cpchange2016 — CPResource (@C_P_Resource) February 19, 2016 We all know the care system isn’t working. Conference after conference, review after review over the last 20 years tells us so. In 2014 I helped to set […]

Transparency as a way to correct a false narrative

Mohammed bin Rashid al-Maktoum v Princess Haya [2022] EWFC 16 This is an interesting case. Although it is clearly ‘highly unusual’ for the family courts to find themselves dealing with foreign princes this case represents further exploration of how an individual’s wish to correct a false narrative can be used to argue against the default […]

‘Interesting Times’

The Speech of Sir Andrew McFarlane President of the Family Division FLBA National Conference: Manchester 16th October 2021 This is a post by Sarah Phillimore. It is of course an ancient Chinese curse ‘may you live in interesting times’ and thus an intriguing title for this address, which you can read in full here. I […]

Children’s Consent to Medical Transition

The Court of Appeal decision in the Bell v Tavistock case. This is a post by Sarah Phillimore. I will be discussing these issues at a webinar organised by EBSWA on September 30th. Please join us. Summary Over recent years, considerable debate has arisen over the consequences of medical intervention which aims to allow ‘gender […]

Guidance from the Court of Appeal about domestic abuse cases

Neutral Citation Number: [2021] EWCA Civ 448 Re H-N and Others (children) (domestic abuse: finding of fact hearings) This is a post by Sarah Phillimore. This is a useful judgment setting out comprehensively and clearly the historical evolution of the family court approach to issues of domestic abuse and offering useful pointers for how such […]