Advertise on podcast: The 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. In this episode, Jacqueline Humphreys presents the unusual case of Kanabar v Kanabar [2026] EWCA Civ 582 and highlights some helpful points for practice arising from the death of a party and third-party claims over property. Vivien Croly, looks at the case of McGregor v Smith (Domicile - Misuse of divorce portal) [2026] EWFC 128 (B) and considers issues in relation to the procurement of a divorce via misuse of the online portal, and what the court takes into account in respect of determining domicile and jurisdiction.  The two cases share a common theme: how some apparently arcane procedural detail can have a very significant real-world impact.   Case Citations  Stack v Dowden [2007] UKHL 17 Unger v Ul-Hanson (deceased) [2023] UKSC 22 Barder v Caluori [1988] AC 20 Re Amirteymour [1979] WLR 63 Piggott v Aulton (deceased) [2003] EWCA Civ 23 Gourisaria v Gourisaria [2010] EWCA Civ 1019 McGregor v Smith (Domicile - Misuse of divorce portal) [2026] EWFC 128 (B)  Raman v Kist-Ramana [2025] EWCA Civ 102

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.   In this episode, Chelsea Bartlett discusses an appellate decision which considers the balance between ensuring compliance with rules of FPR Part 3A and PD3AA whilst enabling all parties to adequately put their case. Kate Pearson looks at the appellate court’s view of a decision to make findings of alienating behaviours despite a preliminary determination that such allegations would not be considered.    Case citations: R v R [2025] EWHC 3180 (Fam) A Mother (Appeal: Alienating Behaviours: Fair Procedure) [2026] EWHC 783

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 18: Case Law Update #5 - approach to DA allegations and the deeming of threshold In this episode, Kate Pearson takes us through the detail of a recent case which considered the relevance of domestic abuse allegations when they are not considered as a ‘bar to contact’, and Chelsea Bartlett considers the case which spurred on the recent change to the Standard Family Orders and the ‘deeming of threshold’ provision. Case citations: Re D (Threshold Findings and Final Orders at the IRH) [2025] EWCA Civ 1362 GI v K [2026] EWHC 480 (Fam)

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 17: Non-court dispute resolution in financial remedies proceedings In this episode Georgina Swinglehurst and Jenny Wilson discuss changes to the Family Procedure Rules relating to NCDR and the court’s expectations regarding parties’ use of NCDR. They also consider a range of NCDR options including tips and insights in relation to Private FDRs, Arbitrations and round table meetings.

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

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)

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.

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.

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)

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.

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.

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.

Bethany Scarsbrook and Georgina Swinglehurst of St John's Chambers Family & Divorce team grapple with the topical issue of when an asset is deemed to have become matrimonialised. They consider the case law leading up to Standish v Standish [2024] EWCA Civ 567, before analysing whether the Court of Appeal decision fell into error, and considering the extent of the potential ramifications, particularly in light of the pending appeal to the UKSC.

In this episode Sophie Smith-Holland and Chelsea Bartlett will discuss the implications of the case N v J [2024] EWFC 184, in respect of if and how to run domestic abuse allegations as ‘conduct’ in financial remedy proceedings.

In this episode, Sarah Phillimore and Asha Groves take a look at the recent shift away from the label of parental alienation and towards a definition of alienating behaviours in case law and guidance. They consider how to approach these cases in practice both now and in the future with particular consideration of the use of unregulated experts in this area.