The Family Law Pod from St John’s Chambers

Case law update #4 - Parties to discharge of SGO and approach to fact-finding decisions

New Family Law Pod from St John's Chambers

Our Family Law Pod is created by our Family and Divorce team, and provides news, tips and insights around current family law topics, and discusses the implications of key cases and guidance. Useful for anyone involved in the family court, in particular busy solicitors.

Episode 16: Case law update #4 – Parties to discharge of SGO and approach to fact-finding decisions

In this episode,  Chelsea Bartlett discusses a short and sweet judgment concerning the automatic and appropriate parties on an application to discharge a Special Guardianship Order. Sophie Smith-Holland  takes us through the detail of a recent case which revisits the appropriate decision-making process and approach to be taken when determining whether or not a Fact-Finding Hearing is necessary and proportionate.

The full citations for the cases discussed are:

A Child (Discharge of SGO: local authority party status) [2025] EWFC 305 (B)

Re B (a child) [2020] EWCA Civ 1673

ER v NT (Need for fact-finding hearing) [2025] EWHC 2146 (Fam)

Re H-N and Others (children) (domestic abuse: finding of fact hearings) [2021] EWCA Civ 448

K and K [2022] EWCA Civ 468

Guidance concerning fact finding hearings and domestic abuse in Private Law children proceedings

TRC v NS [2024] EWHC 80

Case law update #3 – pFDR privilege and adverse inference

Our Family Law Pod is created by our Family and Divorce team, and provides news, tips and insights around current family law topics, and discusses the implications of key cases and guidance. Useful for anyone involved in the family court, in particular busy solicitors.

Episode 14: Case law update #3 – pFDR privilege and adverse inferences

Welcome back for another episode in our Case Law Update series! In this episode, Chelsea and Sophie, of our Family Law team, discuss two recent Financial Remedy cases which consider the importance of FDR/pFDR privilege, and the need to sufficiently evidence an asserted change in financial circumstances and the risk of the Court drawing adverse inferences if a party is unable to do so.

The full citations for the cases discussed are:

• GH v GH [2024] EWHC 2547 (Fam)
• AS v CS [2021] EWFC 34
• BC v BC [2025] EWFC 236
• TYB v CAR (Non-disclosure) (No 2) [2025] EWFC 263 (B)
• Monisha Mahtani v Vivek Hariram Mahtani Neutral Citation Number: [2025] EWFC 35
• VTY v GDB Neutral Citation Number [2025] EWFC 110 (B)

Covert Recordings in Family Proceedings: Part 2

Our Family Law Pod is created by our Family and Divorce team, and provides news, tips and insights around current family law topics, and discusses the implications of key cases and guidance. Useful for anyone involved in the family court, in particular busy solicitors.

Episode 14: Covert Recordings in Family Proceedings: Part 2

In this episode, which follows on from their earlier podcast, Covert Recordings in Family Proceedings: Part 1, Vivien Croly is joined again by Katie Hanson, Senior Associate Solicitor from VWV where they review the updated FJC Guidance on Covert Recording, which was released in May 2025.

Case law update #2 – private law children – return orders and costs

Our Family Law Pod is created by our Family and Divorce team, and provides news, tips and insights around current family law topics, and discusses the implications of key cases and guidance. Useful for anyone involved in the family court, in particular busy solicitors.

Episode 13: Case Law Update #2 – private law children – return orders and costs

This is the second episode in our Case Law Update series and today Chelsea and Vivien are delving into two recent Children Law judgments. The cases highlighted in this episode concern the treatment of a child’s wishes and feeling in an application for a Return Order, and a reminder of the risk of costs consequences in children proceedings.

The full citations for the cases discussed are:

• Re G (No. 2) (A Child: Return From USA) [2025] EWHC 1224 (Fam)
• E (Children: Costs) [2025] EWCA Civ 183

Chelsea also refers to a previous reported decision in the Re G case in relation to habitual residence – Re G (A Child) (Jurisdiction: Habitual Residence Following Lawful Relocation) [2025] EWHC 911 (Fam).

Vivien additionally refers to the decisions in Re J (Costs of Fact-Finding Hearing) [2009] EWCA Civ 1350, [2010] 1 FLR 1893 (Ward and Wilson LJJ) and Re T (Children) (Costs: Care Proceedings: Serious Allegation Not Proved) [2012] UKSC 36, [2013] 1 FLR 133 as discussed in E (Children: Costs) [2025] EWCA Civ 183.

Case law update #1 – financial remedies - litigation misconduct and capacity

Welcome to the first episode in our new Case Law Update series. In this episode, Chelsea and Vivien, of our Family and Divorce team, discuss two recent Financial Remedy cases which consider an extreme example of litigation misconduct, and the difficulties encountered when one party in proceedings lacks capacity to litigate.

The full citations for the cases discussed are:

TA v SB [2025] EWFC 61 (B)

Mary-Jane Grace and Ian Douglas Grace [2025] EWFC 37 (B)

Covert Recordings in Family Proceedings: Part 1

Part 1 was recorded prior to the publication of the FJC Guidance. Part 2, which will consider the new guidance, is coming soon!

In this episode, Vivien Croly is joined by Katie Hanson, Senior Associate Solicitor at VWV to discuss covert recordings in family law proceedings. They consider the issues faced by practitioners when dealing with different types of covert recordings as well as looking at case law where covert recordings have, and have not been relied upon.

The new Alienating Behaviours Guidance

Zoë Saunders and Lucy Reed KC discuss the recently published guidance from the Family Justice Council: Responding to a child’s unexplained reluctance, resistance or refusal to spend time with a parent and allegations of alienating behaviour (https://www.judiciary.uk/related-offices-and-bodies/advisory-bodies/family-justice-council/resources-and-guidance/parental-alienation/). Zoë and Lucy summarise and explain the approach mandated by the guidance, and consider what practical difference it may make, for parents accused of alienating behaviours for those who wish to raise it as an issue, and for those representing the parties or the children in such cases. Discussion points include the co-occurrence of allegations of domestic abuse with allegations of alienating behaviour, the voice of the child and the role of experts.

Instructing Counsel

In this episode, Georgina Swinglehurst and Glen Pritchard discuss all things to do with instructing counsel – ideally when should solicitors get counsel involved? Who should they instruct on each case? What makes a great brief? Having both previously worked in solicitors’ firms, they also share their top tips on how to build the best relationships between counsel and instructing solicitors.