AI and Family Law – Financial Remedies Journal

Posted October 21st, 2024 in artificial intelligence, families, family courts, legal profession, news by sally

‘AI has the real likelihood of transforming the practice of family law solicitors more than the major conceptual changes from the Children Act, the seismic shift from White or the speed of response needed from lis pendens of EU law – a transformation which will happen fast even in the slow-moving, conservative legal profession.’

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Financial Remedies Journal, 14th October 2024

Source: financialremediesjournal.com

A 40-Year Revolution in Financial Remedies – Financial Remedies Journal

‘My subject today is revolution. Don’t worry. I am not advocating a take-over of the country by Tommy Robinson or Piers Corbyn. I am talking about the fundamental transformation of financial remedy work since I undertook my first ever case on 19 July 1983 in the Edmonton County Court, just over 41 years ago.’

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Financial Remedies Journal, 16th October 2024

Source: financialremediesjournal.com

Form FM5 and MIAM’s – Becket Chambers

‘It has been a requirement for a number of years that before financial proceedings or children matters that the applicant, save for a few exemptions, is required to attend a Mediation Information and Assessment Meeting [MIAM]. Often by the time parties attend their MIAM, they have reached the stage of utter frustration and have felt that the only way forward was to go to court. The MIAM for some people became a mere hurdle to be overcome so that they could go to court, it was a tick box exercise.’

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Becket Chambers, 24th September 2024

Source: becket-chambers.co.uk

Practice Direction 12J, fact find hearings and child arrangements – E, F and G (Interim Child Arrangements) [2024] EWCA Civ 874 – Becket Chambers

‘E, F and G (Interim Child Arrangements) [2024] EWCA Civ 874 was a recent appeal brought by the Mother on 2 grounds; the first in respect of a child arrangements order made for unsupervised contact and the second regarding an adjournment due to a Qualified Legal Representative (‘QLR’) not being available for the fact find hearing. This article will focus on the first ground in respect of the child arrangements order.’

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Becket Chambers, 30th September 2024

Source: becket-chambers.co.uk

Sex and the erasure of legal parenthood: P v Q and F (child: legal parentage) [2024] EWCA civ 878 – Journal of Scial Welfare and Family Law

Posted October 17th, 2024 in appeals, artificial insemination, birth certificates, families, news by sally

‘Imagine a scenario in which a same sex female married couple, P and Q, decide to become parents together. They find a sperm donor (F) online, and after two unsuccessful attempts at insemination, P conceives and gives birth to a daughter, X. Happily for P and Q, the law in the UK was changed in 2008 in order to enable both of them to be registered as X’s parents on her birth certificate, P as her mother and Q as her second legal parent. Three years later, P and Q’s relationship breaks down. While we are used to the law stepping in to resolve questions about money and the child’s living arrangements, in relation to a same sex female couple, UK law also does something completely extraordinary. It enables the mother to have the second legal parent’s name removed from the birth certificate, and replaced with that of the sperm donor.’

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Journal of Social Welfare and Family Law, 16th October 2024

Source: www.tandfonline.com

Government issues statutory guidance for local authorities on kinship care – Local Government Lawyer

Posted October 15th, 2024 in carers, children, families, government departments, local government, news by sally

‘The Department for Education has published statutory guidance for local authorities and their staff, setting out how councils should support children in kinship care and kinship carers.’

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Local Government Lawyer, 14th October 2024

Source: www.localgovernmentlawyer.co.uk

Homelessness, disability and reasonable preference under allocation schemes – Nearly Legal

‘RR, R (On the Application Of) v London Borough of Enfield (2024) EWHC 2501 (Admin). This was a judicial review challenge to LB Enfield’s allocation policy for priority on the housing register, on the basis that it discrimated against disabled applicants who had the full housing duty under Part VII Housing Act 1996, who were also disabled.’

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Nearly Legal, 13th October 2024

Source: nearlylegal.co.uk

Law Commission seeks views on disabled children’s social care law – Law Commission

‘Today the Law Commission publishes a consultation paper on disabled children’s social care law and whether it meets the needs of disabled children and their families.’

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Law Commission, 8th October 2024

Source: lawcom.gov.uk

Delaying a Divorce Because of Financial Prejudice: The New No-fault Law and Practice – Financial Remedies Journal

‘There can be real loss and prejudice in some divorce cases if the final divorce order, previously the decree absolute, is granted before the final financial settlement and its implementation in circumstances when the paying party then dies. Automatic entitlement to pensions, the primary circumstance, but also insurance policies, beneficial interest in trusts and similar are then not available as the applicant is now divorced, financial remedy claims are no longer available after death and there might have to be a difficult and separate civil claim.’

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Financial Remedies Journal, 7th October 2024

Source: financialremediesjournal.com

Resolution’s Report on Domestic Abuse in Financial Remedy Proceedings: An Overview of the Key Findings and Recommendations – Financial Remedies Journal

‘Resolution’s Report on Domestic Abuse in Financial Remedy Proceedings: An Overview of the Key Findings and Recommendations.’

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Financial Remedies Journal, 8th October 2024

Source: financialremediesjournal.com

Daughter murdered parents ‘in cold blood’ and lived with bodies for years after hiding them in makeshift tombs – The Independent

Posted October 14th, 2024 in families, imprisonment, murder, news, sentencing by sally

‘An “intelligent manipulator” murdered her parents “in cold blood” then hid them in makeshift tombs and lived alongside their bodies for four years.’

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The Independent, 13th October 2024

Source: www.independent.co.uk

Cafcass adopts new policy to protect victims of domestic abuse in court system – Local Government Lawyer

‘Family Court Advisors and Children’s Guardians will no longer use language such as ‘claims’ or ‘alleges’ in reports to court, using instead the words of children and adults who are victims of domestic abuse, in line with a new Domestic Abuse Practice Policy published by Cafcass.’

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Local Government Lawyer, 11th October 2024

Source: www.localgovernmentlawyer.co.uk

Children being traumatised at Gatwick deportation centre, finds watchdog – The Guardian

‘Young children are being traumatised while held at a Gatwick airport deportation centre that should be closed down, a watchdog has found.’

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The Guardian, 11th October 2024

Source: www.theguardian.com

Navigating grandparents’ rights on divorce or following the death of a parent – Kingsley Napley Family Law Blog

Posted October 11th, 2024 in bereavement, children, divorce, families, grandparents, news by sally

‘Grandparents have become increasingly involved in their grandchildren’s day to day lives over the last few decades, providing love, support, child care and a sounding board for frazzled parents. A number of studies have highlighted the benefit to children of having positive relationships with their grandparents and the importance of these connections is celebrated each year on Grandparents’ Day. However, as family dynamics shift over time, particularly following a divorce or bereavement, grandparent/grandchild relationships are often impacted.’

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Kingsley Napley Family Law Blog, 10th October 2024

Source: www.kingsleynapley.co.uk

More bereaved parents offered baby-loss certificate – BBC News

Posted October 9th, 2024 in bereavement, children, families, news, pregnancy by sally

‘More bereaved parents in England will now be able to apply for a certificate to formally recognise the loss of their baby.’

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BBC News, 9th October 2024

Source: www.bbc.co.uk

Paterson v UK: Parliament and Human Rights in Strasbourg – UK Human Rights Blog

Posted October 8th, 2024 in families, human rights, immunity, news, parliament, political parties, standards by sally

‘The name ‘Chris Pincher’ has become synonymous with Boris Johnson’s downfall, but it was the case of Owen Paterson that precipitated the unrest in the Conservative Party that ultimately led to the former Prime Minister’s resignation.’

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UK Human Rights Blog, 8th October 2024

Source: ukhumanrightsblog.com

Council at fault in consideration of best interests of elderly woman, Ombudsman finds – Local Government Lawyer

‘The woman behind the complaint, Ms Y, complained that professionals failed to understand her mother’s personality and wrongly determined she lacked capacity.’

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Local Government Lawyer, 7th October 2024

Source: www.localgovernmentlawyer.co.uk

GP admits attempted murder of mother’s partner with fake Covid jab – The Guardian

Posted October 7th, 2024 in attempted murder, coronavirus, doctors, families, news, poisoning, vaccination by michael

‘Thomas Kwan, 53, was on trial at Newcastle crown court and had initially denied attempted murder, but changed his plea after he heard the prosecution open the case against him.’

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The Guardian, 7th October 2024

Source: www.theguardian.com

Deceased solicitor’s partner told to delete posts attacking executors – Legal Futures

‘The High Court has ordered the partner of a leading Birmingham solicitor, who died at the end of last year, to remove social media posts accusing his executors, one of whom is a director of his law firm, of misconduct.’

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Legal Futures, 7th October 2024

Source: www.legalfutures.co.uk

Andrii Koshman: Judicial Accountability in the Digital Justice System of Tomorrow – UK Constitutional Law Association

‘In 2018, Sir Ernest Ryder warned that the future shift to online dispute resolution for most, and in some areas all disputes, risks eroding judicial accountability and fostering a democratic deficit. The pandemic, the £1.3 billion court modernisation program and six years later, the future of resolving the majority of disputes online appears to be much closer. The implementation of a truly holistic Digital Justice System – an integrated system of online advice services, online public and private out-of-court dispute resolution services (mediation and arbitration portals, ombuds services) and online courts – can make this future a reality. In fact, it is expressly intended that the majority of civil, family, and tribunal disputes will be settled or resolved online through the Digital Justice System, in accordance with rules specifically developed by the Online Procedure Rule Committee (OPRC) to cover the online pre-action and action space. It is also notable that such a system of various online private and public portals will have a common data architecture based on the open digital standards developed by OPRC. It is not yet known when this system will become operational, but as we approach such a reality, the potential loss of accountability and democratic deficit needs to be addressed as an extremely urgent threat.’

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UK Constitutional Law Association, 3rd October 2024

Source: ukconstitutionallaw.org