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:

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, 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:

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.