Family Private and Public Law Update Seminar

Family Private Law: Case Update 2025

Valerie Sterling, Head of the New Park Court Chambers Family Team, will focus on recent private law cases, addressing challenging and interesting aspects, including Section 8 orders, Section 91 orders, Fact-finding hearings, Final orders at dispute resolution appointments and Costs.

Valerie Sterling, Year of call 1981

Valerie has a national reputation for representing her clients with skill, sensitivity, and empathy. Her family barrister practice covers the full range of family law, including finance, private law children cases, and public law care cases. Valerie has in-depth skills in private law Children Act proceedings involving complex and intractable residence and contact disputes, Prohibited Steps Orders, Specific Issue Orders, applications to relocate both internally and internationally, and Article 15 Brussels ii. She is recognised for her thorough approach to difficult and sensitive family situations, such as child abduction and international relocation.

Private Law Children:

Case Law Update 2025

Particular consideration will be given to:

· Trends being established by recent cases in terms of Section 8 orders - more live with/live with orders even if the parties do not necessarily get on.

· Section 91 (14) orders creating a screening process where the welfare of the child and the parent requires some respite, even where there is no repetition of applications under Section 8.

· Fact-finding hearings.

· Final orders at dispute resolution appointments – compatible with parties’ Article 6 and 8 rights?

· Costs.

Cases covered include:

· AZ v BX (Child Arrangements Order: Appeal) (2025) 1 FLR 1135 FD Poole J

· YM (Care Proceedings) (Clarification of Reasons) (2024) 2 FLR 263 Court of Appeal

· L v F (Relocation: Second Appeal) (2018) 2 FLR 608 Court of Appeal

· Re A and I (Children: Appeal: Relocation and Joint Lives-With Orders: Fresh Evidence) (2025) 1 FLR 407 Henke J 19.4.2024

· G v H (Relocation to Australia: Immigration Issues) (2024) EWFC 230 (B)

· Re D and E (Children: Assessment and Management of Risk) (2025) 1 FLR 505 Henke J 4.6.2024

· B v B (Domestic Abuse: Fact Finding) (2022) EWHC 108 (Fam)

· Re H-N (2021) EWCA Civ 448

· Re JK (A Child) (domestic abuse: finding of fact hearing) (2021) EWHC 1367 (Fam) Poole J

· E (Children: Costs) (2025) EWCA Civ 183 Court of Appeal Moylan, Peter Jackson and Andrews LJJ 27.2.2025

· P v F (2023) EWHC 2730 (Fam) before

· Re A and others (Child Arrangements: Final Order at Dispute Resolution Appointment) (2025) EWCA Civ 55

Family Public Law: Case Update 2025

Natalia Escoriza will provide attendees with resource materials encompassing an up-to-date summary of developments in case law in public law work, including vaccinations for children under care orders, balancing competing risk factors in substance abuse cases, application of FPR r.25.9(2), and deprivation of liberty orders.

Natalia Escoriza, Year of call 2002

Natalia has a wealth of experience and an approachable style as a family law specialist. She undertakes a significant amount of public law work, which includes physical and sexual abuse of children, mental health issues, drug and alcohol abuse, Special Guardianship applications and adoption, representing all parties at all levels of proceedings. A highly experienced children barrister, Natalia is regularly instructed in a broad range of complex cases, always ensuring the voice of the child remains central to the proceedings. Her calm approach and detailed preparation make her very popular with solicitors representing disadvantaged clients.

Family Public Law:

Case Update 2025

Particular consideration will be given to:

· Exercise of Local Authority’s PR in respect of vaccinations for children under care orders.

· Consideration of judicial reasoning and risk analysis.

· Application of FPR r.25.9(2).

· Balancing competing risk factors when considering whether to leave children in the home with substance abuse issues, against the trauma and harm of removing them.

· Deprivation of liberty orders (DOLS).

· Consideration of whether an adoption application should be permitted to proceed if notice is given to the wrong local authority.

· Consideration of how far the court should go in sanctioning delays within public law proceedings.

Cases covered include:

· A v Gateshead Metropolitan Borough Council & C [2025] EWFC 224

· H (Care Proceedings: Risk Assessment) [2025] EWCA Civ 727

· A Local Authority v X (Attendance of Experts) (Rev 1) [2025] EWFC 137

· Z Local Authority v SC (Placement with Drug Addict: Care Order at Home) [2015] EWFC 149 (B)

· A Local Authority v LB & Ors [2025] EWHC 1264; QX (Parental Consent for Deprivation of liberty: Children under 16) [2025] EWHC 745 (Fam)

· Re A (Adoption – notice requirements) [2025] EWFC 99 (B)

· Re F (A Child) (Future Welfare: Post-Adoption Contact: Unconscionable Delay) [2025] EWFC 13; London Borough of Enfield v E (Unconscionable Delay) [2024] EWFC 183