Category: families

What Financial Remedy Lawyers Need to Know About Emojis – Financial Remedies Journal

Posted November 18th, 2024 in families, family courts, interpretation, legal profession, news, telecommunications by tracey

‘Emojis play a significant part in digital communications, including casual messaging, social media posts, and increasingly, professional communications. When we are reviewing historical messages, understanding what the emojis were intended to mean could become an essential part of identifying what was discussed and/or agreed at that time.’

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Financial Remedies Journal, 15th November 2024

Source: financialremediesjournal.com

Girl and mum awarded £14k over education failures – BBC News

Posted November 18th, 2024 in children, compensation, disabled persons, education, families, local government, news, ombudsmen, special educational needs by tracey

‘A council that did not provide a girl who has special educational needs with suitable schooling for two years will pay her and her mother £14,300 in compensation.’

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BBC News, 18th November 2024

Source: www.bbc.co.uk

Husband who stabbed wife as she soothed baby jailed – BBC News

Posted November 18th, 2024 in attempted murder, domestic violence, families, imprisonment, news, sentencing by tracey

‘A former councillor has been sentenced to 18 years in prison after stabbing his wife three times while she soothed their baby.’

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BBC News, 15th November 2024

Source: www.bbc.co.uk

The Supreme Court prioritises substance over form in protecting the welfare of children in an immigration context. Explicit reference to guidance is neither sufficient nor necessary – UK Human Rights Blog

Posted November 15th, 2024 in appeals, children, families, female genital mutilation, human rights, immigration, news, Supreme Court by sally

‘In their co-authored judgment, Lord Sales and Dame Siobhan Keegan provide a rich analysis of how the courts should consider the welfare of children in an immigration context. In doing so, they clarify the meaning and effect of Section 55 of the Borders, Citizenship and Immigration Act 2009 (“Section 55”) and its interaction with Article 8 of the European Convention on Human Rights (“Article 8”). The judgment provides a guide for how the appellate courts should assess decision-making by the Secretary of State, her officials, and the First-tier Tribunal.’

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UK Human Rights Blog, 15th November 2024

Source: ukhumanrightsblog.com

A new Cafcass Domestic Abuse Practice Policy – Becket Chambers

Posted November 14th, 2024 in chambers articles, children, codes of practice, domestic violence, families, family courts, news, victims by sally

‘On 9th October 2024 Cafcass published a new policy document that outlines what actions ‘practitioners’ (Family Court Advisers and Guardians) and their managers should undertake when working with children and adults who have experienced domestic abuse. The policy is a direct response to the 2020 Harm Panel report and it sets out a clear intention of further protecting child and adult victims of domestic abuse.’

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Becket Chambers, 31st October 2024

Source: becket-chambers.co.uk

Coercion, control and powers of attorney – a dilemma for the court – Mental Capacity Law and Policy

Posted November 14th, 2024 in coercive & controlling behaviour, Court of Protection, families, jurisdiction, mental health, news, powers of attorney by sally

‘Re CA (Fact finding – capacity – inherent jurisdiction – injunctive relief) [2024] EWCOP 64 (T3) is a decision which is very helpfully summarised in the case title. In headline terms, it involved the court having to decide what to do, and how to do it, to secure the interests of CA, a 79 year old woman with dementia. Her daughter, DA, held lasting powers of attorney in respect of her mother’s property and affairs and health and welfare.’

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Mental Capacity Law and Policy, 13th November 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Case Law on Covert Recordings – Becket Chambers

Posted November 13th, 2024 in chambers articles, children, families, fostering, local government, news, video recordings by sally

‘Covert recordings are any recording made without the express knowledge and permission of the person recorded, whether by audio or video: Family Justice Council.’

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Becket Chambers, 31st October 2024

Source: becket-chambers.co.uk

What can I do when my ex-partner refuses to comply with a financial remedy order? – Becket Chambers

Posted November 13th, 2024 in chambers articles, families, financial dispute resolution, financial provision, news by sally

‘Where a party to financial remedy proceedings fails to comply with a final order, there are numerous ways in which the order can be enforced. The rules relating to the enforcement of orders in family proceedings are found in Part 33 of the Family Procedure Rules 2010.’

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Becket Chambers, 7th October 2024

Source: becket-chambers.co.uk

Conduct in financial remedy proceedings: N v J [2024] EWFC 184 – Becket Chambers

Posted November 13th, 2024 in chambers articles, cohabitation, families, family courts, financial dispute resolution, news by sally

‘It can often be a difficult and sensitive topic in financial remedy proceedings: what relevance is domestic abuse when considering a fair distribution of assets after separation?’

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Becket Chambers, 1st October 2024

Source: becket-chambers.co.uk

Orders protecting against risk of FGM should be “focused, targeted and proportionate” to specific risks established, says High Court judge – Local Government Lawyer

Posted November 12th, 2024 in families, female genital mutilation, local government, news, proportionality by tracey

‘The High Court has discharged a Prohibited Steps Order (PSO) made to protect a now teenage girl against the risks of Female Genital Mutilation (FGM), after finding “no evidence” of an ongoing risk of FGM to the girl, and finding that the order continued to have a “profound impact on her competing rights and freedoms”.’

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Local Government Lawyer, 11th November 2024

Source: www.localgovernmentlawyer.co.uk

Law firm not negligent in advice to settle £2m claims – Legal Futures

Posted November 11th, 2024 in bankruptcy, causation, families, local government, negligence, news, trustees in bankruptcy by tracey

‘A law firm was not negligent in advice to settle £2m of claims brought by a businessman’s trustee in bankruptcy against his wife and daughter, the High Court has ruled.’

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Legal Futures, 11th November 2024

Source: www.legalfutures.co.uk

Speech by the PFD: Suspected Physical Abuse of Children – Experts in the Family Court – Courts and Tribunals Judiciary

Posted November 11th, 2024 in child abuse, child cruelty, children, expert witnesses, families, family courts, judges, news, speeches by tracey

‘Speech by the PFD: Suspected Physical Abuse of Children – Experts in the Family Court.’

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Courts and Tribunals Judiciary, 7th November 2024

Source: www.judiciary.uk

Wells Sharing: Commonplace or a Matter of Last Resort? – Financial Remedies Journal

Posted November 11th, 2024 in divorce, families, family courts, financial provision, news by tracey

‘The importance of the ‘clean break’ has been reemphasised in recent years with greater emphasis being placed on MCA 1973 s 25A (and s 28(1A)), particularly in the judgments of Mostyn J.’

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Financial Remedies Journal, 8th November 2024

Source: financialremediesjournal.com

Children taken away from parents due to misreporting of drug tests, say experts – The Guardian

Posted November 11th, 2024 in care orders, children, drug abuse, expert witnesses, families, local government, news, race discrimination by tracey

‘Children are at risk of being wrongly removed from their parents’ care by the family courts because drug tests are being misinterpreted, experts have warned.’

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The Guardian, 9th November 2024

Source: www.theguardian.com

Ex-DJ imprisoned for life for murdering partner’s mother in drunken knife attack – The Guardian

Posted November 8th, 2024 in alcohol abuse, alcoholism, attempted murder, domestic violence, families, imprisonment, murder, news, sentencing by michael

‘A lorry driver and ex-DJ who stabbed his partner’s mother to death in a drunken attack after she tried to help her daughter has been jailed for life with a minimum term of 20 years.’

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The Guardian, 7th November 2024

Source: www.theguardian.com

Wholesale reform to adoption process is needed, says Public Law Working Group – Courts & Tribunal Judiciary

Posted November 7th, 2024 in adoption, families, news, reports by tracey

‘Wholesale reform is needed, the adoption sub-group of the Public Law Working Group has said in its report ‘Recommendations for best practice in respect of adoption’, which is published today (Thursday, 7 November).’

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Courts & Tribunal Judiciary, 7th November 224

Source: www.judiciary.uk

From two letters a year to face-to-face meetings: ‘Seismic’ changes to adoption contact – BBC News

Posted November 7th, 2024 in adoption, families, news, reports by tracey

‘Adopted children are likely to be allowed much closer contact with their birth families in the future as part of “seismic” changes recommended in a report published today. Some families say the changes are long overdue – but others worry they may deter people from adopting.’

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BBC News, 7th November 2024

Source: www.bbc.co.uk

The Autumn 2024 Budget: A Summary of the Key Reforms for Financial Remedy Practitioners – Financial Remedies Journal

Posted November 4th, 2024 in budgets, capital gains tax, corporation tax, divorce, education, families, financial dispute resolution, financial provision, foreign jurisdictions, inheritance tax, minimum wage, national insurance, news, stamp duty, taxation by tracey

‘The Autumn Budget 2024 (“the Budget”) saw history being made as Rachel Reeves, who became our first female Chancellor of the Exchequer, set out arguably the biggest tax changes for a generation, set to raise taxes by £41bn by 2029/30 and said to be part of the Government’s plan to revitalise Britain. In this article, we will summarise the key reforms of the Budget, highlighting those which may be of particular relevance to financial remedy practitioners and their clients.’

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Financial Remedies Journal, 1st November 2024

Source: financialremediesjournal.com

Mothers to take DWP to court over ‘inhumane’ benefit rules on non-consensual conception – The Guardian

Posted November 4th, 2024 in benefits, children, families, government departments, judicial review, news, rape, sexual offences, victims, women by tracey

‘Two mothers who had children as a result of rape or coercion by former partners have been given permission to take the Department for Work and Pensions (DWP) to court for being denied exception to the two-child limit on universal credit.’

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The Guardian, 4th November 2024

Source: www.theguardian.com

‘He’s been punished enough’: Family’s plea for prisoner who set himself alight under indefinite jail term – The Independent

Posted November 1st, 2024 in attempts, criminal justice, families, imprisonment, mental health, Ministry of Justice, news, prisons, sentencing, suicide by sally

‘A prisoner who set himself alight in his cell after serving 12 years for stealing a mobile phone under an indefinite jail term is still fighting to be moved to a hospital.’

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The Independent, 1st November 2024

Source: www.independent.co.uk