‘The President of the Family Division has issued new guidance on remedying breaches of the Adoption Agency Regulations 2005. Jess Purchase sets out the key points.’
Local Government Lawyer, 6th April 2022
Source: www.localgovernmentlawyer.co.uk
‘The Court of Appeal has considered the question of whether it is fair and appropriate for a Court of Protection Judge to visit the person who lacks mental capacity and about whom the Judge is being asked to make a best interest decision.’
Family Law, 5th May 2022
Source: www.familylaw.co.uk
‘Eleanor Suthern reports on a recent Family Court ruling where a judge considered the international elements of the case and also gave guidance on proceedings involving a parent with a learning disability.’
Local Government Lawyer, 29th April 2022
Source: www.localgovernmentlawyer.co.uk
‘The case of Randhawa v Randhawa (Divorce: Decree Absolute, Set Aside, Forgery) [2022] EWFC B7 which came before HHJ Moradifar is most definitely an interesting case, and whilst the facts of this case might not represent many family situations, with increasing numbers of international couples, the issue of whether a divorce is valid is far more common than many think.’
Family Law, 28th April 2022
Source: www.familylaw.co.uk
‘From 6 April 2022 England and Wales has a new divorce law, so-called no-fault. It is the most significant divorce law change since 1969. It introduces an entirely new basis of obtaining a divorce and a new timetable. It will have different consequences for the applicant and the respondent. It allows joint petitions and joint applications for the final divorce. Service will be invariably by email as default service method. In any event, divorce itself is now an almost entirely online process. Nevertheless, however welcome this new law, there are significant flaws in its operation and application, particularly with the adverse impact on the respondent. This note looks at some of these pitfalls in practice.’
Family Law, 28th April 2022
Source: www.familylaw.co.uk
‘The Good Practice Guidance for working with parents with a learning disability was first published in 2007 by the Department of Health / Department for Education and Skills. Fifteen years and two revisions later, awareness of it remains patchy. In Re H [2022] EWFC 10 (19 January 2022), where the mother’s learning disability was a central feature of the case, the children’s social worker admitted that she was unfamiliar with the Guidance.’
Transparency Project, 26th April 2022
Source: transparencyproject.org.uk
‘Domestic abuse allegations were “troublingly” downplayed by a judge in a case that exposes systemic issues with the family court, a leading barrister has warned.’
The Independent, 20th April 2022
Source: www.independent.co.uk
‘Stephanie Hawthorn, Abigail Pearse and Victoria Potts, associates, and Holly Morrison-Carter, trainee, at Mills & Reeve LLP consider the most important news and case law relating to financial remedies and divorce during March 2022.’
Family Law Week, 13th April 2022
Source: www.familylawweek.co.uk
‘Family separation cases should “operate in a transactional way, as with conveyancing, rather than under the banner of litigation”, the chair of the Family Solutions Group has argued.’
Legal futures, 14th April 2022
Source: www.legalfutures.co.uk
‘A High Court judge has called for a cap on costs in family cases after describing the “apocalyptic” state of expensive divorce proceedings.’
Law Society's Gazette, 13th April 2022
Source: www.lawgazette.co.uk
‘Issue #57 of Spire Barristers’ Family Law Newsletter: edited by Gemma Carr and Georgina Dalton; news and Case Reviews by Eleanor Suthern.’
Spire Barristers, 31st March 2022
Source: spirebarristers.co.uk
‘Clare Ciborowska and Richard Ager, both family law experts from the Brighton Annexe of 1 Crown Office Row, talk about the difficult subject of reproductive coercion where such allegations arise in child contact cases. Presented by Rosalind English.’
Law Pod UK, 7th April 2022
Source: audioboom.com
‘A Family Court judge has given guidance on care cases where a parent has a learning disability, after deciding that a 17-month-old boy known as Child H should be the subject of a care order pending adoption because of his parents’ inability to care for him.’
Local Government Lawyer, 7th April 2022
Source: www.localgovernmentlawyer.co.uk
‘For anyone concerned with the human rights of children AB (A Child: human rights) 2021 EWFC B100 is an essential read. The case concerned a 12-year-old boy, AB, who was placed under interim public law orders in foster care and then care homes run by Horizons Care Ltd. For several months, whilst awaiting a final hearing, AB had had his liberty restricted in a residential unit called Mill Cottage, in breach of his Article 5 rights.’
Garden Court Chambers, 4th April 2022
Source: www.gardencourtchambers.co.uk
‘Thankfully, most parents who go through the challenges of separation do manage to co-parent and make joint decisions regarding the upbringing of their child or children. Sadly, this is not always the case. The family courts see a large number of cases where in the context of custody or contact disputes, the right to make decisions can become part of the battle ground. The disputes can range from the significant to the relatively trivial.’
Becket Chambers, 1st April 2022
Source: becket-chambers.co.uk
‘The Court of Appeal has overturned a decision to make a placement order for an 18-month-old boy after finding that the judicial analysis “fell significantly short”.’
Local Government Lawyer, 31st March 2022
Source: www.localgovernmentlawyer.co.uk
‘Pensions can make up a significant proportion of family assets and should be fully taken into account when financial matters are dealt with during a divorce. Where a couple with UK pensions divorce in England, the court can make various orders to deal them. Most commonly, a pension sharing order is made hiving off a portion of one party’s pension and giving it to the other. However, where there are pension assets overseas or a divorce overseas and pension assets in the UK, the situation is more complex. There are two angles that need to be considered:
Can an overseas pension be shared in a divorce in England & Wales; and Can a UK pension be shared in an overseas divorce.’
Family Law, 28th March 2022
Source: www.familylaw.co.uk
‘The ruler of Dubai will have no face-to-face contact with his two children from his marriage to Princess Haya nor any substantive say in their upbringing, after a long-running court battle between the former couple and a series of damning judgments about his “abusive behaviour”.’
The Guardian, 24th March 2022
Source: www.theguardian.com
‘With predictions that bonuses in the banking sector will be high this year; this article considers how bonus payments are dealt with upon divorce and for how long after separation they might be shared with a former spouse or civil partner.’
Family Law, 18th March 2022
Source: www.familylaw.co.uk
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