Sima Najma Family Barrister Case Review Image

O (Appeal; Duty to Consider Fact-Find), Re [2024] EWHC 839 (Fam)

[2024] EWHC 839 (Fam) The Duty to Consider Fact-Finding is the responsibility of the judge where there are allegations of domestic abuse and or coercive or controlling behaviour. This has been reiterated in the recent decision in O (Appeal; Duty to Consider Fact-Find), Re [2024] EWHC 839 (Fam). What is a Fact Finding? “A Fact-Finding … Read more

Child Arrangements Orders and Domestic Abuse: [2023] EWHC 597 (Fam) A Case Review

Ms Najma recently acted for her client in an application for a Child Arrangements Order under s.8 Children Act 1989. Section 8 deals with all orders with respect to the welfare and contact arrangements for children. These can be for: The facts of the case: The father was making an application to spend time with … Read more

New guidance for Domestic Abuse applications and the need for Fact-Finding Hearings 

Domestic Abuse is an important area of Family Law which forms part of the foundation of the Family Courts. A recent decision in the Court of Appeal in H-N and Others (children), has provided some guidance as to evidential matters in Domestic Abuse applications.   Domestic Abuse is defined by the UK government as being “any … Read more

In the Media – Assessing Sexual Abuse Allegations in Child Arrangement Order Proceedings

I recently represented a client in an appeal which was heavily reported in the media. (See A and D v B and C and E [2022] EWHC 3089 (Fam)) The Court case concerned two family law appeals, each involving allegations of domestic abuse, rape and sexual assault, by one parent against the other. Together with … Read more