Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Disabled women more than twice as likely to experience domestic abuse
The latest data from the Office of National Statistics shows that, in the year ending March 2020, around 1 in 7 (14.3%) disabled people aged 16 to 59 years experienced any form of domestic abuse in...
The President of the Family Division endorses Public Law Working Group report
The Courts and Tribunals Judiciary has published a message from the President of the Family Division, Sir Andrew McFarlane, in which the President endorses the publication of the President’s...
HMCTS updates online divorce services guidance
HM Courts and Tribunals Service have recently updated the online divorce services guidance with the addition of guides for deemed and dispensed service applications, alternative service...
Become the new General Editor of The Family Court Practice, the definitive word on family law and procedure
The Family Court Practice (‘The Red Book’) is widely acknowledged as the leading court reference work for all family practitioners and the judiciary. We are currently recruiting a...
The suspension, during lockdown, of prison visits for children: was it lawful?
Jake Richards, 9 Gough ChambersThis article argues that the suspension on prison visits during this period and the deficiency of measures to mitigate the impact of this on family life and to protect...
View all articles
Authors

CARE PROCEEDINGS: Re P (Care Proceedings: Split Hearing) [2007] EWCA Civ 1265

Sep 29, 2018, 17:07 PM
Slug : re-p-care-proceedings-split-hearing-2007-ewca-civ-1265
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Nov 29, 2007, 09:13 AM
Article ID : 86901

(Court of Appeal; Wilson LJ and Holman J; 29 November 2007)

When a split hearing was ordered, express consideration was to be given to whether satisfaction of the threshold criteria would be considered and determined as part of the first, the final or an intermediate hearing. Orders for directions should identify and describe with clarity what was to be the subject of evidence, argument and decision at each future hearing. Labels such as 'threshold hearing' and 'threshold document' must be used with great care and in particular must not be confused with 'fact-finding hearing' and 'schedule of proposed findings of fact'. In any case in which the threshold criteria were alleged to be satisfied on the basis of future risk rather than of past harm to a child there must be a clear written analysis and description by the local authority of the facts alleged to give rise to that future risk, to which all other parties had the opportunity to make written response. Where there was a split hearing, express consideration should be given to whether such documents should be prepared before or only after, and in the light of the determination of the fact-finding hearing and, if appropriate, further assessments. Where proceedings were consolidated or other children were added as subjects of existing proceedings, great care should be taken to scrutinize earlier orders for their suitability to the consolidated or enlarged proceedings.

Categories :
  • Archive
  • Judgments
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from