family courts – Page 10 – Current Awareness

National deprivation of liberty court: Latest data trends – June 2023 – Family Law

Posted August 8th, 2023 in children, deprivation of liberty safeguards, family courts, news, pilot schemes, reports, statistics by sally

‘In July 2022, the President of the Family Division launched the national deprivation of liberty court. Based at the Royal Courts of Justice, it deals with all new applications seeking authorisation to deprive children of their liberty under the inherent jurisdiction and will run for a 12-month pilot phase initially. Nuffield Family Justice Observatory was invited to collect and publish data on these applications.’

Family Law, 7th August 2023

Source: www.familylaw.co.uk

When can findings of fact be re-opened? – Becket Chambers

Posted August 3rd, 2023 in chambers articles, children, family courts, news, res judicata by sally

‘There has been some uncertainty over the correct approach to the issue of when findings of fact can be re-opened. This was as a direct result of the judgment of Mostyn J in Re RL.’

Becket Chambers, 3rd July 2023

Source: becket-chambers.co.uk

Court delays leave tens of thousands of children in limbo after parents split – The Guardian

Posted August 2nd, 2023 in children, delay, divorce, families, family courts, Law Society, Ministry of Justice, news, statistics by sally

‘Tens of thousands of children in England and Wales have been left in limbo by delays in the family court that have meant many waiting over a year for their future to be resolved.’

The Guardian, 1st August 2023

Source: www.theguardian.com

Judge was wrong to allow 14-year-old boy in care proceedings instruct own solicitor, Court of Appeal rules – Local Government Lawyer

Posted August 1st, 2023 in care orders, children, family courts, legal representation, news by sally

‘The Court of Appeal has allowed a mother’s appeal against an order permitting a 14-year-old boy in care proceedings to instruct his own solicitor.’

Local Government Lawyer, 31st July 2023

Source: www.localgovernmentlawyer.co.uk

Judge wrong to let 14-year-old boy instruct solicitor – Legal Futures

Posted July 27th, 2023 in care orders, children, family courts, legal representation, news by sally

‘A family court judge was wrong to order that a 14-year-old boy be allowed to instruct his own solicitor in care proceedings, the Court of Appeal has ruled.’

Legal Futures, 27th July 2023

Source: www.legalfutures.co.uk

Court of Appeal finds deficient reasoning from Family Court judge when making findings of fact – Local Government Lawyer

Posted July 19th, 2023 in appeals, care orders, child abuse, children, families, family courts, local government, news, setting aside by sally

‘The Court of Appeal has set aside a family court judgment, after finding an “absence of recorded analysis” in the oral judgment that was delivered in only an hour.’

Local Government Lawyer, 18th July 2023

Source: www.localgovernmentlawyer.co.uk

The Family Court and domestic abuse: achieving cultural change – Home Office

Posted July 18th, 2023 in domestic violence, family courts, news by sally

‘”The Family Court and domestic abuse: achieving cultural change” is the second report on the family justice system from the Domestic Abuse Commissioner which seeks to improve the Family Court and its ability to effectively engage with domestic abuse.’

Home Office, 17th July 2023

Source: www.gov.uk

“Women will suffer” warning as CA hears divorce costs funding case – Legal Futures

Posted July 12th, 2023 in appeals, costs, divorce, families, family courts, law firms, news, statistics, women by sally

‘The future of litigation funding in divorce cases – which new figures from law firms show mainly benefits women – is in the balance as the Court of Appeal hears a crucial appeal.’

Legal Futures, 12th July 2023

Source: www.legalfutures.co.uk

Fairness versus Certainty – Should the Matrimonial Causes Act 1973 be Amended to Restrict the Duration of Spousal Maintenance? – Financial Remedies Journal

Posted July 10th, 2023 in bills, divorce, families, family courts, financial dispute resolution, financial provision, Law Commission, news by sally

‘As part of the Law Commission’s review of the law concerning financial division upon divorce, announced on 4 April 2023, it will consider “how maintenance payments for an ex-spouse or civil partner should work”. The terms of reference set out that the Law Commission is to consider specifically potential maximum periods for spousal periodical payment orders.’

Financial Remedies Journal, 3rd July 2023

Source: financialremediesjournal.com

What is the Tipstaff and what is their role? – Family Law

Posted June 30th, 2023 in child abduction, children, courts, families, family courts, news by sally

‘The Tipstaff is often one of the first topics of discussion raised by new clients who have been accused of abducting their children. Questions that I am regularly asked are “What is the Tipstaff?” “What is their role in my case?” “Why did they send the police to visit me?” and “why do I have to provide them with my passports?” ‘

Family Law, 26th June 2023

Source: www.familylaw.co.uk

Different rules on draft judgment embargoes “totally unacceptable” – Legal Futures

Posted June 28th, 2023 in family courts, judges, judgments, news by sally

‘The “inexplicable differences” in the embargo rules for draft rulings in the King’s Bench Division, Family Division and Crown Court are “completely unacceptable”, a High Court judge has said.’

Legal Futures, 28th June 2023

Source: www.legalfutures.co.uk

Guidance clarifies use of psychologist expert witnesses in Family Courts to tackle “lack of understanding” of titles and qualifications – Local Government Lawyer

Posted June 27th, 2023 in expert witnesses, family courts, news, professional conduct by sally

‘The British Psychological Society (BPS) and the Family Justice Council (FJC) have issued guidance on the use of psychologists as expert witnesses in the Family Courts, which seeks to fix a “lack of understanding and awareness” that has seen the use of titles in the Family Court System that have “no specific meaning, nor are they protected or regulated”.’

Local Government Lawyer, 26th June 2023

Source: www.localgovernmentlawyer.co.uk

New Order Precedents Summarise Privacy Restrictions for Readers – Transparency Project

Posted June 19th, 2023 in children, confidentiality, families, family courts, news, privacy by sally

‘Most Family Court orders have some sort of confidentiality warning on them these days, especially in cases about children. Typically they warn that the names of the children and family members must not be published.’

Transparency Project, 18th June 2023

Source: transparencyproject.org.uk

MoJ sets up online procedure rule committee for Civil, Family and Tribunal jurisdictions – Local Government Lawyer

Posted June 14th, 2023 in civil justice, courts, families, family courts, internet, Ministry of Justice, news, tribunals by sally

‘The Ministry of Justice (MoJ) has launched a new committee to help guide judges, legal representatives and litigants through online court procedures.’

Local Government Lawyer, 13th June 2023

Source: www.localgovernmentlawyer.co.uk

No anonymity for contempt against family court – Transparency Project

Posted June 6th, 2023 in anonymity, contempt of court, defamation, domestic violence, employment, family courts, news, police by sally

‘The decision in EBK v DLO [2023] EWHC 1074 (Fam) was reported in the local press as “Royal marine fails in contempt proceedings against ex-partner”. The case involved a lengthy history of disputes over contact, allegations of domestic abuse, employment sanctions, and defamation actions taken against the police and Cafcass. Here, we look at important points on transparency that emerged.’

Transparency Project, 6th June 2023

Source: transparencyproject.org.uk

Family Court reporting pilot “risks failure” without improvement in flow of information between court and press, says Family President – Local Government Lawyer

Posted June 6th, 2023 in anonymity, codes of practice, family courts, law reports, lists, media, news, pilot schemes by sally

‘A review of the family court reporting pilot carried out by the Transparency Implementation Group (TIG) has highlighted “issues that require guidance”.’

Local Government Lawyer, 5th June 2023

Source: www.localgovernmentlawyer.co.uk

Transparency – cases about finance on divorce – Transparency Project

Posted June 2nd, 2023 in divorce, families, family courts, financial dispute resolution, financial provision, news by sally

‘The Financial Remedies Court sub-group of the Transparency Implementation Group (TIG ) has published a 164 page report. This refers to cases about financial remedies on divorce i.e resolving issues between divorcing couples about their income and assets – they are not cases about children. The parties often have legal representation, but not always.’

Transparency Project, 31st May 2023

Source: transparencyproject.org.uk

Barbara Mills KC becomes first black person and first family law practitioner for 35 years to be elected Vice Chair of Bar Council – Local Government Lawyer

Posted May 23rd, 2023 in barristers, family courts, king's counsel, minorities, news by sally

‘Barbara Mills KC has been elected as the Bar Council’s Vice Chair, becoming the first family law practitioner to be selected for the position in 35 years and the first black person and first person of colour.’

Local Government Lawyer, 22nd May 2023

Source: www.localgovernmentlawyer.co.uk

New research examines the reasons behind Deprivation of Liberty applications and the complex needs of the children involved – Family Law

Posted May 15th, 2023 in children, detention, families, family courts, news by sally

‘In recent years there has been a marked increase in the use of the inherent jurisdiction of the family court to deprive children of their liberty. In these cases, restrictions are placed on a child’s liberty beyond what would normally be expected for a child of the same age. This may include them being kept in a locked environment that they are not free to leave, being kept under continuous supervision, and being subject to restraint or medical treatment without consent. In response, the President of the Family Division launched a national Deprivation of Liberty (DoL) court at the Royal Courts of Justice, which is running for a pilot period of 12 months from July 2022.’

Family Law, 12th May 2023

Source: www.familylaw.co.uk

The Nicholas Wall Memorial Lecture, given by Lord Justice Peter Jackson: ‘Is Family Law law?’ – Courts and Tribunals Judiciary

Posted May 12th, 2023 in families, family courts, judges, speeches by sally

‘The Nicholas Wall Memorial Lecture, given by Lord Justice Peter Jackson: “Is Family Law law?”’

Courts and Tribunals Judiciary, 11thMay 2023

Source: www.judiciary.uk

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