Category: family courts

Seeking Leave to Oppose the Making of an Adoption Order – Becket Chambers

Posted October 24th, 2022 in adoption, care orders, chambers articles, children, families, family courts, news by sally

‘Following the conclusion of Care proceedings and where a child has been placed for adoption, a parent may only oppose the making of an adoption order with leave of the court. A parent’s application seeking leave of the court will have two stages. Firstly, the court needs to be satisfied, on the facts, that there has been a change of circumstances within section 47(7) Adoption and Children Act 2002 (“the 2002 Act”). Secondly, if there has been such a change, the court will then need to consider the application of section 1 of the 2002 Act to the facts of the case with the paramount consideration of the court being the child’s welfare throughout their life.’

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Becket Chambers, 19th October 2022

Source: becket-chambers.co.uk

Family lawyers and judges “need menopause training” – Legal Futures

Posted October 21st, 2022 in divorce, families, family courts, health, judiciary, legal education, legal profession, menopause, news, statistics, women by tracey

‘A large majority of women (76%) who have experienced divorce or separation and the menopause believe family lawyers and judges should have training on the issue so they can “factor it into their cases”.’

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Legal Futures, 21st October 2022

Source: www.legalfutures.co.uk

Financial Remedy Update, October 2022 – Family Law Week

Posted October 21st, 2022 in divorce, families, family courts, financial dispute resolution, financial provision, news by tracey

‘Stephanie Hawthorn and Abigail Pearse, associates, at Mills & Reeve LLP consider the most important news and case law relating to financial remedies and divorce during September 2022.’

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Family Law Week, 17th October 2022

Source: www.familylawweek.co.uk

Pilot early advice for child arrangements ‘without delay’ – Law Society’s Gazette

Posted October 13th, 2022 in child arrangements orders, family courts, legal advice, litigants in person, news, pilot schemes by tracey

‘Early legal advice on child arrangements should be piloted as part of ambitious reforms that will help to resolve more disputes away from court, an influential thinktank has recommended.’

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Law Society's Gazette, 13th October 2022

Source: www.lawgazette.co.uk

Psychology or pseudoscience? Parental alienation and the role of the psychologist, with Richard Ager and Clare Ciborowska – Law Pod UK

Posted September 28th, 2022 in children, families, family courts, news, podcasts by sally

‘Jim Duffy speaks to Richard Ager and Clare Ciborowska, of 1 Crown Office Row in Brighton. They discuss how the family court deals with allegations of “alienating behaviour” by one parent against another and examines the part psychologists play in that process.’

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Law Pod UK, 26th September 2022

Source: audioboom.com

Supreme Court Confirms Correct Approach to Deportation Cases – UK Human Rights Blog

Posted September 9th, 2022 in appeals, children, criminal justice, deportation, families, family courts, immigration, news, proportionality, Supreme Court by tracey

‘In Secretary of State for the Home Department v HA (Iraq) [2022] UKSC 22, the Supreme Court has confirmed that the Court of Appeal was right to reject the idea that, when assessing whether it would be unduly harsh (and therefore disproportionate) for a person to be deported from the UK, the degree of harshness that would arise from this should be assessed by reference to a comparison with that which would ‘necessarily’ be involved for any child faced with the deportation of a parent. The Court also provided useful guidance concerning the application of the test for whether there are very compelling circumstances rendering deportation disproportionate in a given case.’

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UK Human Rights Blog, 6th September 2022

Source: ukhumanrightsblog.com

Public law children case update: August 2022 – Local Government Lawyer

Posted August 26th, 2022 in case management, causing death of children or vulnerable adults, children, delay, families, family courts, inquests, local government, news by tracey

‘Jaime Turner rounds up the most interesting and relevant public law cases.’

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Local Government Lawyer, 26th August 2022

Source: www.localgovernmentlawyer.co.uk

Financial Remedy Update, August 2022 – Family Law Week

Posted August 26th, 2022 in bills, divorce, families, family courts, financial provision, Law Commission, marriage, news by tracey

‘Nicola Rowling, Professional Support Lawyer, Emily Elvin-Poole, Associate and Caitlin Levins, Trainee Solicitor at Mills & Reeve LLP consider the most important news and case law relating to financial remedies during July 2022.’

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Family Law Week, 23rd August 2022

Source: www.familylawweek.co.uk

Family Public Law … Choosing an Expert – Becket Chambers

Posted August 16th, 2022 in expert witnesses, family courts, news, practice directions by sally

‘When it is decided that it is “necessary” – and that is the first question to be decided by the Court (Practice Direction 25 of the Family Procedure Rules 2010) – this should be as early as possible within the start of proceedings.’

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Becket Chambers, 11th August 2022

Source: becket-chambers.co.uk

McCloud Remedy – a Ground to Set Aside Financial Orders? – Family Law

Posted August 15th, 2022 in age discrimination, equality, family courts, government departments, news, pensions by tracey

‘Many will recall the McCloud judgment, in which the Court of Appeal determined that the transitional provisions in the Government’s 2015 public sector pension schemes were age discriminatory. In response to the judgment, the Government agreed to unravel these changes. Last year, the Government announced its solution known as the McCloud Remedy. But what does this mean for pension trustees? Do these circumstances amount to grounds to set aside a financial remedy order?’

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Family Law, 11th August 2022

Source: www.familylaw.co.uk

Foreign convictions are admissible as evidence in family proceedings, Court of Appeal holds – Local Government Lawyer

Posted August 9th, 2022 in appeals, care orders, child abuse, children, families, family courts, foreign jurisdictions, news, sexual offences by sally

‘The Court of Appeal has ruled that foreign judicial findings or convictions that are relevant to a person’s suitability to care for children may be used as evidence in family proceedings.’

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Local Government Lawyer, 8th August 2022

Source: www.localgovernmentlawyer.co.uk

Judge dismisses bid by council for unadmitted allegations to be tried, saying it would be “deplorable waste of resources” – Local Government Lawyer

Posted August 3rd, 2022 in care orders, children, families, family courts, local government, news, placement orders by tracey

‘A Family Court judge has dismissed a local authority’s application for un-admitted allegations to be tried, saying he could not see any upside in allowing that to happen.’

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Local Government Lawyer, 1st August 2022

Source: www.localgovernmentlawyer.co.uk

Court of Appeal outlines approach advocates and judges should take to requests for clarification of judgments – Local Government Lawyer

Posted July 29th, 2022 in appeals, child abuse, children, families, family courts, judges, judgments, news, sexual offences by sally

‘The Court of Appeal has considered the extent to which judges are required to respond to requests for clarifications in judgments.’

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Local Government Lawyer, 28th July 2022

Source: www.localgovernmentlawyer.co.uk

Domestic abusers barred from cross-examining victims in family and civil courts – Ministry of Justice

Posted July 22nd, 2022 in civil justice, cross-examination, domestic violence, families, family courts, HM Courts Service, Ministry of Justice, news, victims by tracey

‘Victims of domestic abuse can be spared from being cross-examined by their alleged attackers in family and civil courts under measures coming into force today (21 July 2022).’

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Ministry of Justice, 21st July 2022

Source: www.gov.uk

Re S: A short lesson on jurisdiction in international children cases post-Brexit – Family Law

Posted July 22nd, 2022 in brexit, children, families, family courts, jurisdiction, kidnapping, news by tracey

‘The President of the Family Division has very recently handed down his decision in this matter of Re: S (A Child) (Jurisdiction) [2022] EWHC 1720 (Fam), in which we acted for the successful applicant mother. Whilst the facts of the case are unique, the judgment serves as a helpful reminder of the jurisdictional framework of international children cases following our departure from the European Union.’

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Family Law, 21st July 2022

Source: www.familylaw.co.uk

Human Fertilisation and Embryology Act can be “read down” to accord with Convention family rights – UK Human Rights Blog

Posted July 20th, 2022 in families, family courts, human rights, news, pregnancy, statutory interpretation, surrogacy by sally

‘This poignant case tells a sad story, but an instructive one in terms of human rights and the ability of courts to interpret statutes in accordance with these rights under Section 3 of the Human Rights Act 1998.’

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UK Human Rights Blog, 19th July 2022

Source: ukhumanrightsblog.com

Financial Remedy Update, July 2022 – Family Law Week

Posted July 18th, 2022 in divorce, families, family courts, financial provision, news by tracey

‘Stephanie Hawthorn and Abigail Pearse, associates, at Mills & Reeve LLP consider the most important news and case law relating to financial remedies and divorce during June 2022.’

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Family Law Week, 14th July 2022

Source: www.familylawweek.co.uk

Domestic abuse & the family courts – New Law Journal

Posted July 13th, 2022 in children, domestic violence, families, family courts, news by tracey

‘In the first of a two-part series, Cris McCurley examines key changes to the treatment of domestic abuse victims & their children within the family justice system.’

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New Law Journal, 8th July 2022

Source: www.newlawjournal.co.uk

Government launches new mediation scheme to help thousands more families avoid costly legal battles – Family Law

Posted July 11th, 2022 in children, dispute resolution, divorce, families, family courts, government departments, news by tracey

‘An extra £5.4 million in funding will help even more families to resolve disputes away from court, such as contact arrangements for children.’

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Family Law, 7th July 2022

Source: www.familylaw.co.uk

Parents of brain-damaged 12-year-old boy set for latest stage of legal battle – The Independent

Posted July 11th, 2022 in appeals, children, doctors, families, family courts, medical treatment, news by tracey

‘The parents of a 12-year-old boy who suffered brain damage three months ago are preparing for the latest stage of a life-support treatment battle. Hollie Dance and Paul Battersbee are hoping a High Court judge will rule that doctors should keep providing treatment to their son Archie Battersbee, after reviewing evidence.’

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The Independent, 11th July 2022

Source: www.independent.co.uk