Family Law - Everything Except Cases

Summarise Brown and Dunne, "All marriages are equal, but some are more equal than others: trans spouses and voidability rules in England and Wales" [2024].

The rules for marriage are discriminatory; they require consummation for marriages to not be voidable. This means that many trans individuals' marriages will always be unstable. A proposed solution is the repeal of ss 12(1)(a) and (b) MCA 1973.

Summarise the Matrimonial Causes Act 1973, s11.

A marriage shall be void if the parties are too closely related, either party is under 18, one party is under a left sentence, the parties have unlawfully intermarried, either party was already married at the time of the marriage, in the case of a polygamous marriage intered into outside England and Wales, either party was at the time of the marriage domiciled in England and Wales.

Summarise the Matrimonial Causes Act 1973, s12.

A marriage shall be voidable if: it has not been consummated due to the incapacity or wilful refusal of the respondent, either party did not validly consent, either party was suffering from certain mental disorders, a party had an STD, the respondent was pregnant by someone else, an interim GRC had been issued, or the respondent had had their gender recognised under the GRA 2004.

Summarise the Matrimonial Causes Act 1973, s13.

The court won't annul a voidable marriage if: the applicant, knowing the marriage was voidable, conducted himself so as to lead the respondent reasonably to believe that he would not seek to do so; it would be unjust; proceedings were instituted more than 3 years from the date of the marriage (except for the consummation rules).

Summarise the Matrimonial Causes Act 1973, s16.

A nullity of marriage order granted in respect of a voidable marriage shall annul the marriage only as respects any time after the order has been made final, and the marriage shall, notwithstanding the order, be treated as if it has existed up to that time.

Summarise the Marriage and Civil Partnership (Minimum Age) Act 2022.

Marriage and Civil Partnership (Minimum Age) Act 2022

What does Probert (2024) argue about universal civil marriage?

Universal civil marriage should not be adopted because: a decline in marriages in religious venues does not translate to a desire of the public to transfer to civil marriages (many have a legal and religious ceremony separately); universal civil marriage would put England and Wales at odds with other jurisdictions, including most common law jurisdictions; there are plenty of religious venues offering same-sex marriage; the cost of universal civil marriages should not be underestimated.

Summarise section 1 of the Forced Marriage (Civil Protection) Act 2007 (inserting Part 4A into FLA 1996).

The court may make an order to protect a person from being forced into a marriage or from any attempt to be forced into a marriage, or to protect a person who had been forced into a marriage. Court must consider all the circumstances including the need to secure the health, safety, and wellbeing of the person being protected.. This should include their wishes and feelings, in the light of their age and understanding.

Summarise Anti-Social Behaviour, Crime and Policing Act 2014, s120.

A person who breaches any of the terms of a forced marriage protection order is guilty of an offence that is not contempt of the court. They are liable to up to 5yrs imprisonment, a fine, or both.

Summarise Anti-Social Behaviour, Crime and Policing Act 2014, s121.

It is an offence to use violence, threats or any other form of coercion for the purpose of causing another person to enter into a marriage. The mens rea is that the offender believes, or ought reasonably to believe, that the conduct may cause the other person to enter into the marriage without free and full consent. If the victim does not have the capacity to consent, then any conduct, not just threats and coercion, that causes them to enter a marriage is an offence.

What does FMPO stand for?

Forced Marriage Protection Order.

What does Garside (2022) say about predatory marriages?

They are when someone marries a vulnerable, often elderly person just to get their life savings. Marriage automatically revokes any previous will, meaning the victim will be deemed to have died intestate and the spouse inherits lots. Marriages can't be posthumously annulled in these situations.

Summarise s1 of the Divorce, Dissolution and Separation Act 2020.

You can apply for a divorce order with a promise that the marriage has broken down irretrievably, and that promise is to be taken as conclusive evidence. The divorce order is conditional for 6 weeks

Summarise s44 Civil Partnership Act 2004.

An application for a dissolution order may be made to the court by either or both civil partners on the ground that the civil partnership has broken down irretrievably. The statement that it has done so is conclusive evidence of itself.

Summarise s48 Civil Partnership Act 2004.

If a conditional dissolution order has been ordered in favour of one person, the respondent has the right to require their financial position to be assessed by the court, including their age, health, etc. The court must not make the order unless satisfied that the applicant should not be required to make any financial provision for the respondent, or the financial provision made by the applicant for the respondent is reasonable and fair, or the best in the circumstances.

Where did the Divorce, Dissolution and Separation Act 2020 leave us relative to other common law and European jurisictions?

We ended up much more liberalised than most because of the lack of a requirement of fault, separation period, and judicial oversight.

Summarise Hayward, "Civil partnerships and the repurposing of relationship formalisation" (2025).

Civil partnerships are seen as different to marriage because it is free from the traditions and associations that marriage has. However, that is only a trend that has started since 2014 (SSMA) and was greatly accelerated in 2019.

Summarise Griffiths (2019) on cohabitation.

England and Wales should adopted a blended model of recognition of cohabitation, combining formalised (registered) relationships with a function-based recognition (providing a safety net for unregistered couples).

Summarise the Inheritance (Provision for Family and Dependants) Act 1975, s1.

People who can apply to the court for an order stating that the disposition of the deceased's estate is not such as to make reasonable financial provision for the applicant include: a spouse or civil partner, a child, someone who was a spouse or civil partner but who has ended that relationship but not taken up a new one, and someone who was living in the same household as the deceased as if they were a married couple or civil partners for two years ending immediately before when they died.

Summarise the Fatal Accidents Act 1976 s1.

People who can claim if there is a culpable, fatal accident include the deceased's wife/husband or former wife/husband, the deceased's kids or people treated as their kids, their parent or people treated as their parent, anyone who had ben living with them for two years as if they were married.

Summarise the Fatal Accidents Act 1976 s1A.

A claim for damages for bereavement shall only benefit the wife or husband of the deceased, the cohabiting partner of the deceased, where the deceased was a minor who was never married: his parents, if he was legitimate; and his mother, if he was illegitimate. Cohabiting partner means anyone living in the same household as the deceased as the wife or husband or civil partner of the deceased.

Summarise Women and Equalities Committee (House of Commons) The Rights of Cohabiting Partners' (2022).

The lack of legal protection on family breakdown means that women, including women from an ethnic minority background and those who have had a religious-only wedding, can suffer relationship-generated disadvantage. The govt should legislate for an opt-out cohabitation scheme as proposed by the Law Com. There should also be clear guidelines published and a public awareness campaign should be launched.

Summarise George, Harris and Herring (2011) on pre-nups.

Radmacher was an unacceptable gloss on the statute. Autonomy arguments in favour of prenups must be careful because the autonomy in this case is not the autonomy to behave as one chooses, but the autonomy to make one's partner abide by the agreement when they no longer wish to do so. The court lost sight of the overriding criterion of fairness.

Summarise Herring (2010) on relational autonomy in family law, esp. with regard to pre-nuptial agreements.

Individualistic autonomy is bad for family law because family relationships inherently involve interconnected interests. It risks disadvantaging women by assuming an unencumbered individual as the norm and ignoring the realities of care nad dependency. Relational autonomy, on the other hand, recognises the relations between people. Prenups harm women whose future care responsibilities or sacrifices cannot be predicted before the relationship.

Summarise Thomson (2025) on prenups.

They are used by poor couples despite them not having enough money to meet needs. In fact, prenups are used to lower the 'needs' threshold. There is a gender bias. Safeguards based on fairness are necessary to implement.

Summarise s24A MCA 1973.

Court can order the sale of property which either spouse owns outright or which the spouses own jointly. The sale is effectively ancillary to an LSO, and the owner is normally required to sell the item and then the proceeds are divided between the spouses by means of an LSO.

What does LSO stand for?

Lump Sum Order; an order requiring a lump sum of money to be handed over by one spouse to the other.

Summarise s25A MCA 1973.

Obligation on the court to consider whether to make a clean break order, considering whether it would be appropriate to exercise its powers that the financial obligations of each party towards the other will be terminated as soon after the grant of the decree as the court considers just and reasonable.

Summarise s22 MCA 1973.

On an application for divorce etc, the court may order interim support payments from one spouse to the other.

Summarise s22ZA MCA 1973.

In proceedings for divorce etc, the court may make an order requiring one party to pay the other an amount to let them get legal services for the proceedings.

Summarise s25(2) MCA 1973.

Relevant factors for the court when deciding when and how to exercise their financial powers following divorce etc: assets and income, earning capacity, property etc which each has or is likely soon to have. Financial needs, obligations, and responsibilities of each party. Standard of living enjoyed by the family before the breakdown of marriage. Age of parties and length of marriage. Disabilities. Contributions past or future to the welfare of the family, including looking after the home or caring. Conduct, if inequitable to disregard it. Any benefit which due to the end of the marriage, a party will lose the chance of acquiring.

Summarise s25(3) MCA 1973.

In relation to a child of the family, when deciding whether or how to exercise financial powers following a divorce, the court in particular shall have regard to: Financial needs of child Income, earning capacity, property etc of child Disability of child Manner of education or training present and potential future. The 25(2) factors.

What is Thompson's (2016) defence of the gold-digger?

It is used to maintain the gender imbalance in divorce proceedings whereby the non-financial contributions of the wife are undervalued.

Summarise E Hitchings, C. Bryson and G Douglas, 'Fair Shares and the Financial Reality of the 'Everyday' Divorce' [2024].

2 in 3 couples don't go to court for a financial remedy on divorce. This data fills the gap that that makes. Most had unequal shares. 12% had only debts to divide. The study found no statistically significant difference between men and women in the values of the shares received. The pensions were often not considered. Policy makers need to focus on how to enable and encourage couples to take full account of all of their assets and future prospects when deciding on what would be the appropriate outcome for them and their family.

Summarise Herring (2005) on financial orders on divorce.

Financial orders should eb unfair because: Neither spouse should be so poor following divorce that they rely on welfare payments, if there are enough funds that they don't have to do so. Also, neither spouse should be in the position where they pay so much in support payments that they feel they might as well give up their job and go on benefits. Financial orders on divorce must compensate the person who becomes financially dependent in order to care for kids or other relatives. The symbolic value of childcare should also be protected. The level of spousal support will massively impact the children. Financial orders can act as a disincentive to divorce. Can be used to combat gender inequality. Women suffer financially compared to men. Women do more housework and more childcare than men Orders are not simply an attempt to weight up the interests or claims of parties to the assets.

Summarise Hester (2011) on the Three Planet Model.

There are three planets of dealing with domestic abuse which can contradict and often neglect the best interests of those involve due to their narrow habitus. These are: DV Planet, focused on adult victims and perpetrators and treats DV as from gender inequality. Work includes victim support and perpetrator interventions. Child Protection Planet: focused on child welfare in a public law framework. Women often see it as punitive as it threatens removing children to get mothers to leave abusive relationships. Focus on children despite helping mothers being best way to protect children. Child Contact Planet: Looks to future and treats DV as irrelevant to parenting arrangements.

How does Evan Stark define coercive control?

A regime of domination arising out of a combination of strategies entailing 'a malevolent course of conduct that subordinates women to an alien will' that lead to the entrapment of individual women.

Summarise Barnett (2017) on coercive control.

The way the law deals with coercive control is inadequate. The root of this issue is that it understands DA as incident based. This means it is hard to prove CC, and the damage it does is misunderstood; it is greater than the sum of its parts as it is chronic rather than episodic.

Summarise Burton, Bettinson, and Munro on coercive control.

Judges are not well equipped to deal with it. Most have not received any domestic abuse training. They find in difficult to distinguish between CC and normal relationships, see domestic abuse as being physical abuse first and foremost, and are likely to be stuck in their worldview in relation to DA. In addition, the evidentiary burden to prove CC is very hard to meet.

Summarise S1 DAA 2021.

Behaviour of A towards B is domestic abuse if A and B are each 16 or over and are personally connected to each other, and the behaviour is abusive. Abusive behaviour consists of any of the following: (a) physical or sexual abuse; (b) violent or threatening behaviour; (c) controlling or coercive behaviour; (d) economic abuse (see subsection (4)); (e) psychological, emotional or other abuse; It does not matter whether the behaviour consists of a single incident or a course of conduct.

Summarise S2 DAA 2021.

Two people are personally connected to each other for the purpose of defining DA if any of the following applies: they are, or have been, or have agreed to be, married or civil partners; they are, or have been, in an intimate personal relationship with each other; they have or have had a paternal relationship to the same child; or they are relatives.

Summarise S3 DAA 2021.

A reference to a victim of DA includes a reference to a child who sees, hears, or experiences the effects of, the abuse, and is related to A or B.

Summarise Serious Crime Act 2015, ss 76

A commits an offence if they repeatedly or continuously engage in behaviour towards B that is controlling or coercive, A and B are personally connected, the behaviour has a serious effect on B, and A knows or ought to know that the behaviour will have a serious effect on B. Behaviour has a serious effect on B if it causes B to fear, on at least two occasions, that violence will be used against B, or it causes B serious alarm or distress which has a substantial adverse effect on B's usual day-to-day activities. It is a defence for A to show that in engaging in the behaviour in question, A held a belief that the behaviour was in B's best interest and the behaviour was reasonable in all the circumstances.

Summarise Madden Dempsey (2009) on prosecuting domestic violence.

Prosecution of DV is worthwhile because it denounces it. Feminist prosecutions can contribute to the project of reconstituting our states and communities as less patriarchal. The effective prosecution of domestic violence consists in a particular kind of prosecution: one that contributes to the project of reconstituting our society as non-patriarchal, thereby creating a world in which domestic violence in its strong sense no longer exists.

SUmmarise Herring and Bows on rough sex (2021).

Men are using a lack of mens rea as a defence to partial defence to murder in cases where a woman is killed during rough sex. Legislative attempts to respond to the rough sex cases have failed to identify the root cause of the problem. There is a societal view that women like and regularly consent to rough sex, reinforced by porn. A solution might be to change the law so that where there is no consent to ABH in the context of a sexual encounter, it is GBH.

What did Hopkins's 2024 study on victim retraction in DVA cases find?

They main reason for it was a kind of problem solving: wanting to maintain the relationship, wanting to be done with it, wanting the family unit to remain, desire for an alternative remedy (eg civil). The most obvious implication from this study is that one size does not fit all.

Summarise s33-40 Family Law Act 1996.

Occupation orders. Different rules for when the applicant is entitled to occupy vs not (ie do they have a proprietary interest). Non-entitled applicants are treated worse than those who are entitled. The aim is to get the abuser out of the house.

Summarise s42-42A Family Law Act 1996.

Non-molestation order: order not to molest the applicant. Breach is a criminal offence.

Summarise Sch 6 Family Law Act 1996.

Made amendments to the Children Act 1989 providing for ways to get abusers out of children's dwelling-houses.

Summarise s32 DAA 2021

The court may make a DAPO against P if these conditions are met: the court is satisfied that P has been abusive towards someone aged 16 or over to whom P is personally connected; and that order is necessary and proportionate to protect them from DA, or the risk of it, by P.

What does DAPO stand for?

Domestic Abuse Protection Order

Summarise s35 DAA 2021

A court may by a DAPO impose any requirements it considers necessary to protect the victim. The court must, in particular, consider what requirements may be necessary to protect the person for whose protection the order is made from different kinds of abusive behaviour.

Why has Chalmers v Johns been criticised?

It imposed a requirement of exceptional harm on occupation orders, which is not what the statute requires.

Summarise Bishop (2021) on the DAA.

It should be welcomed with cautious optimism. Good bits include the definition of DA which moves from the incident-based approach, the introduction of a Domestic Abuse Commissioner as it will raise the profile of the dynamics and harm of DA, and the recognition of children as victims instead of passive observers. However, important concerns remain, especially regarding migrant women, who do not have access to financial support when they are DVA victims.

Summarise Idriss (2017) on honour-based violence.

This author argues that HBV is different from DV for 3 main reasons: the involvement of the community in deciding on 'punishment'; the involvement of third parties in meting out violence; and the longevity of the desire to mete out punishment.

Summarise Bainham (2008) on Parentage.

When deciding whether it is bets to recognise biological or social parenthood, the guiding principles should be a commitment to truth, individual autonomy and priority for the rights and interests of those primarily affected. The balance for the law of paternity favours biological but for assisted reproduction it is social.

Summarise Fenton-Glynn (2025) on the past, present, and future of legal parenthood.

Legal parenthood developed from being about the (il)legitimacy of the child, to biology, to who bears responsibility for the conception of the child. In the future, there is no longer a need to privilege socially preferred parent-child relationships through legal parental status; instead, the law should recognise the functional roles individuals play in a child's upbringing.

Summarise Lima (2025) on multiple parenthood.

The binary model of legal parenthood reflects an outdated heteronormative family archetype. Multiple parenthood challenges this by recognising family diversity and questioning the universality of the traditional model. Functional, best-interests, and party-autonomy models offer alternatives, though English law currently limits legal parents to two while allowing multiple holders of parental responsibility. Since parental responsibility already operates on a functional basis, this supports the case for recognising multiple legal parents, which would better reflect lived realities and provide meaningful legal and symbolic protection.

Summarise Harding (2025) on reconceptualising the parent-child nexus.

A holistic re-evaluation of the legal parent-child relationship must be carried out in order to better recognise the interdependency of the relationship.

Summarise the Human Fertilisation and Embryology Act 2008 (HFEA), ss 33, 35-37, 42-44.

Woman who carried the child is to be treated as the mother. If married or in a civil partnership, the other is automatically a parent. Where a licensed UK fertility treatment occurs and notice is given by both parties, an unmarried partner may become the parent.

Summarise the Human Fertilisation and Embryology Act 2008 (HFEA), s54.

A parental order allows two eligible partners to become a child's legal parents following surrogacy, provided at least one is genetically related, the child lives with them, consents are freely given by the carrier (but not within 6 weeks of birth), no payments are made, and the application is made within six months of birth.

Summarise the Human Fertilisation and Embryology (Mitochondrial Donation) Regulations 2015.

The Human Fertilisation and Embryology (Mitochondrial Donation) Regulations 2015 allow licensed fertility clinics in the UK to use mitochondrial donation techniques to prevent the transmission of serious mitochondrial diseases. The Regulations permit IVF procedures in which nuclear DNA from the intended parents is combined with healthy mitochondrial DNA from a donor. Use of these techniques is tightly regulated, requiring HFEA approval on a case-by-case basis. The mitochondrial donor has no legal parenthood or parental responsibility, and legal parenthood is assigned in accordance with the Human Fertilisation and Embryology Act 2008

Summarise Jackson (2025) on assisted reproduction and legal parenthood.

Current rules say that only one may eb registered as the mother, and another 'mother' is parent two. Furthermore, if a trans man gives birth, he is still the legal mother. he law needs reform. Identifying a child's parent through an intention-based test and a consent-based test would be a good place to start. It would also be sensible to allow birth certificates to record more than two legal parents.

Summarise the relevant parts of the Family Law Act 1986, ss 55A, 56, 58.

Anyone with sufficient interest can apply for a declaration that a named person is the parent or child of another named person. Anyone may apply for a declaration that he is the legitimate child of his parents, or that he has or has not become a legitimated person. If it is proved to the satisfaction of the court, the must make the declaration unless it is manifestly contrary to public policy.

Summarise the relevant parts of the Family Law Reform Act 1969, ss 20-23.

In civil proceedings concerning parentage, the court may order accredited scientific (blood/DNA) tests, require bodily samples from relevant parties, and admit the test report as evidence. The applicant generally bears the costs, and the tester may be questioned only with the court's permission. Consent must be given. The LC can regulate how they are carried out. If someone refuses to comply, the court may draw inferences.

Summarise Brown (2023) on trans legal parenthood.

Legal parenthood doesn't really have any gendered ramifications in itself, meaning it should be able to stretch to include trans people in their legal gender.

Summarise Eekelaar (2001) on parental responsibiility.

A lack of parental responsibility does not mean a lack of rights. However, the law says that one person with PR can make the decision; there's no duty to consult. Judges have not applied the law this way. The imposition of a duty to consult with the other party is undesirable because it would be hard to define and enforce and could exacerbate conflict. If registration gave the father a generalised legal right to be consulted, mothers would be well advised not to register him on the birth certificate. The proposed solution is to give unmarried fathers automatic parental responsibility not dependent on registration, and to stick with the statute about the duty to consult.

Summarise Taylor (2024) on children's rights.

Parents enjoy a large discretion, which means they can often act contrary to the child's best interest. This challenges the idea that family relationships are more important than children's rights.

Summarise s1 Children Act 1989.

When court determines question regarding the upbringing of a child or administration of their property, the child's welfare shall be the court's paramount consideration.

Summarise s2 Children Act 1989.

Where are child's father and mother were married to each other at the time of birth, they shall have parental responsibility. Where they were not married, the mother shall have parental responsibility, and the father shall have it if he has acquired it. More than one may have parental responsibility for the same child at the same time, and each may act alone without the other/s in meeting that responsibility.

How does s3 Children Act 1989 define parental responsibility?

In this Act "parental responsibility" means all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.

Summarise the Victims and Courts Bill 2025, s3.

Insert into the Children Act 1989 that where a person with parental responsibility for a child is sentenced to 4+ years for serious sexual offence against a child and they have parental responsibility for at least one child, the Crown Court must make a prohibited steps order saying that no step which could be taken by a parent in meeting their parental responsibility mat be taken by the offender without judicial consent. An order does not cease to have effect if the offender wins their appeal, but that decision can be reviewed.

Summarise Taylor on human rights and the child.

The very fact of legal childhood justifies the imposition of a protective framework that would be regarded as a violation of the rights of an adult. This can sometimes include overruling the decisions of competent minors.

Summarise Archard, Cave, and Brierley on serious harm versus best interests.

When there is a conflict between parents and medical staff, the best interests of the child should be considered rather than saying that the court should not interfere with the parents' decision unless it would cause serious harm. This does not mean that parents' views shouldn't strongly influence HCP and courts; assessments.

Summarise Children Act 1989 s 1(3)(a).

Court shall have regard to the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding).

What are the three types of order available under the Children Act 1989, s 8 (as amended)?

Child arrangement orders prohibited steps order, specific issue.

Summarise s11 Children and Families Act 2014.

Presumption that involvement of a parent in the life of the child will further the child's welfare.

Summarise Kaganas (2014) on the presumption of parental involvement.

It was to placate fathers' rights groups and changed not the law but merely parents' expectations. It doesn't always protect child welfare; where there is DA, the 'contact at all costs' approach makes it harder for abused women to protect children.

Summarise s10 Children and Families Act 2014.

Before a relevant family application, a person must attend a family mediation information and assessment meeting.

Summarise Choudhry (2019) on the non-performativity of the human rights of victims of DA.

It was the experience of the women whom Choudhry interviewed and who were in focus groups that the law did not afford them human rights and that the law dismissed them entirely. This suggests that for women, human rights are not illocutionary or perlocutionary.

What did Judith Butler say about a 'performative', and how did Zignon relate that to HR?

A performative = that discursive practice that enacts or produces that which it names. This process is further explained; speech acts are either 'illocutionary', that, in saying, do what they say, and do it in the moment of that saying, or 'perlocutionary', that produce certain effects as their consequence; by saying something, a certain effect follows. Zignon: in contrast to the declaration of the inherent existence of human rights found in the Preamble of the UNDHR (illocutionary), it is the recognition of that inherence that provides the grounds for HR (perlocutionary).

Summarise the findings of Hunter et al in the MOJ DA in children cases report (2020).

There are lots of issues with how the courts deal with DA in children cases, with most falling into one of the following: resource constraints, pro-contact culture, working in silos (ie different areas of practice differing) and an adversarial system.

Summarise the Domestic Abuse Act 2021, Part 5.

Lots of concessions for victims or potential victims of domestic abuse in the court process, such as support as a witness and a prohibition on cross-examination.

Summarise the Domestic Abuse Commissioner's Report 2023.

There are great problems in the way that the courts deal with domestic abuse and children cases, whereby the child is not centred. A cultural change is needed that actively and consistently places understanding of abuse and child safety at its core.

What is parental alienation?

The practice among divorced parents of badmouthing a former spouse, with the goal of turning a child against that person. It is commonly raised in court by abusers to discredit their victim's domestic abuse claims.

What did Barnett (2020) say about parental alienation?

Major concern revealed by the case law is how raising PA dominates cases to the exclusion of all else, reducing the circumstances to stark binaries. It is proving more powerful than any other in silencing the voices of women and children resisting contact with abusive men. It is not an equal counterpart to DA; it is a means of obscuring DA and should be recognised as such.

Summarise Gilmore (2020) on implacable hostility to contact.

The article examines fact-finding in post-separation contact disputes involving an implacably hostile resident parent (often the mother), identifying categories of hostility and explaining that English law allows contact to be refused due to unfounded hostility only where ordering it would risk serious emotional harm to the child, with any assessment of risk requiring proof on the balance of probabilities.

Summarise Birchall and Choudhry (2021) on parental alienation.

Allegations of parental alienation are used to twist the narrative in the court in favour of the abuser. There is an imbalance whereby financial abuse means the abuser can pay for good barristers and expert witnesses while the survivor cannot. Another problem with parental alienation is that the child's wishes and voice are not heard or believed, as it is assumed that the 'alienating' parent has prevented the child from telling the truth.

Summarise Nuffield's findings on babies and parents with learning disabilities in care proceedings.

Basically it's not great. The parents are poorly treated and there is insufficient communication. Most referrals were pre-birth.

Summarise Nuffield's findings on ethnicity in the family justice system.

Black people are fairly represented, Asian people are 50% less likely to be involved than White people. Mixed individuals are 1.75x more likely to be involved than White people.

Summarise Masson and Dickens (2019) on the outcomes of care proceedings for children.

The outcome goes way beyond the ruling which judges and lawyers see, and advice and guidance to lawyers and judges should reflect that.

Summarise the findings of the Independent Review of Children's Social Care (2022).

The whole system should be remade, making it easier for relatives to look after children and allowing children a powerful voice.

Summarise Burch, Simpson, Taylor, Bala, and Morgado De Quieroz on care proceedings involving parents with learning disabilities or difficulties.

There is a high prevalence of parents with learning difficulties or disabilities in care proceedings involving babies. Most of the referrals happen during pregnancy, and the parents faced a vast lacuna of support, esp after their children got taken away.

Summarise s31(1) Children Act 1989.

On the application of any local authority or authorised person (NSPCC), the court may make an order placing the child in the care of a designated local authority or under the supervision of one.

Summarise s31(2) Children Act 1989.

A court may only make a care or supervision order if it is satisfied: That the child is suffering, or is likely to suffer, significant harm, and That the harm, or likelihood of harm, is attributable to the care given to the child, or likely to be given to him if the order were not made, not being what it would be reasonable to expect a parent to give to him; or the child's being beyond parental control.

What is the definition of harm in s31(9) Children Act 1989?

Harm means ill-treatment or the impairment of health or development including, for example, impairment suffered from seeing or hearing the ill-treatment of another.

Summarise Masson (2023) on care orders.

This article criticised the idea that care orders for children living at home should only be used in exceptionally rare circumstances and that supervision orders should be used instead because care orders can override the consent of the parents but supervision requires their continuing cooperation.

Summarise s31A CA 1989.

When an application is made under which a care order may be made with respect to a child, the appropriate authority must prepare a care plan for the future care of the child.

Summarise s34 CA 1989.

Where a child is in the care of a local authority, the authority shall allow the child reasonable contact with his parents, guardian, etc.

Summarise s14A-14F Children Act 1989.

Section 14A introduces the Special Guardianship Order. An SGO appoints one or more individuals as a child's special guardian. It is intended to provide a secure, long-term placement for a child without completely severing legal ties with their birth parents, as adoption does.

Section 14B sets out who may apply for an SGO. Certain people, such as a guardian, a local authority foster carer (in specified circumstances), or someone with whom the child has lived for a required period, may apply as of right. Others require the court's permission.

Section 14C deals with the making of an SGO. Before making the order, the court must receive a report from the local authority addressing the suitability of the applicants and the child's welfare. The child's welfare is the court's paramount consideration.

Section 14D sets out the effect of an SGO. The special guardian acquires parental responsibility and may exercise it to the exclusion of others with parental responsibility (except another special guardian), subject to limited exceptions. Unlike adoption, parental responsibility of the birth parents is not extinguished.

Section 14E governs variation and discharge. An SGO can be varied or discharged by the court, but in most cases parents must first obtain the court's permission to apply.

Section 14F places a duty on the local authority to make arrangements for the provision of special guardianship support services, which may include financial support, counselling, advice, and assistance to help sustain the placement.