Slim volume covers the ground

Law Brief Publishing says that it specialises in producing practical day-to-day guides for legal practitioners. This volume is a recent addition to its stable.

Running to only some 131 pages, it covers a good deal of ground which is more commonly found in erstwhile looseleaf publications like Hershman and McFarlane: Children Law and Practice.  

Mani Singh Basi is a family law barrister at 4 Paper Buildings. He is described as specialising in complex cases concerning international and private children law. He won the title of Legal Aid Barrister of the Year 2024 for his work in the field of child abduction.

This book, the author’s second in only 12 months, is very wide-ranging in that it considers the power of the inherent jurisdiction across all areas of family law relating to children. It focuses on the use of the inherent jurisdiction, which the book states is a powerful tool to ensure that children subject to proceedings in the High Court are properly protected, and which can be achieved in various ways.

Comprising nine chapters, the work begins with an introduction to this complex area and what is meant by it. It acknowledges that, at times, wardship and the inherent jurisdiction are linked, but warns practitioners to treat each separately lest they fall into the trap of seeking certain relief that is not necessary. It states that it is a common misconception that children have to be made wards of court to exercise the court’s inherent jurisdiction.

Moving on, the book then deals with the procedure to commence proceedings and explores types of hearings whether ex parte, without notice, or on-notice. Dealing with tipstaff orders, it explores those dealing with passports, location and collection. It then goes on to consider the sorts of orders that can be made under the inherent jurisdiction such as disclosure orders to locate, or to gather information, and attendance orders.

The fourth chapter addresses child abduction, both inward and outward, and whether to proceed on a with or without notice basis. It looks at tracing and locating the respondent and/or the child and ensuring that the respondent engages with the proceedings before examining the role of Cafcass. It then deals with ensuring compliance and committal, plus it outlines how service might be effected.

The biggest chunk of the book, some 40 pages, traverses the inherent jurisdiction and public law proceedings, which will surely be a must for child care lawyers. This covers, among other things, forced marriage protection and female genital mutilation orders. In addition, its text covers deprivation of liberty and secure accommodation. The section concludes with declarations, for example where a local authority makes an application for a declaration that its actions are lawful.

The remaining chapters address the topics of injunctive orders, private law and medical treatment, all in the context of the inherent jurisdiction.

Although it may not be house style for these publishers, the book could do with an appendix of the various cases to which it refers. It would also benefit from an index. Furthermore, there are a few annoying typographical errors which will hopefully be cured by careful proofreading in any next edition. Otherwise, it is an extremely useful handbook on the shelf of the children lawyer.

Tony Roe is a family law partner, arbitrator and collaborative lawyer at Dexter Montague LLP, Reading