family courts – Page 18 – Current Awareness

Seeing wellbeing as a weakness must change for all our sakes – Family Law

Posted October 13th, 2021 in barristers, family courts, mental health, news by sally

‘Earlier this year we did a chambers wide audit of mental health and wellbeing and provided a wellbeing workshop for barristers and staff. I have been in practice for nearly thirty years and the mantra “work comes first” dominates my work ethic. I know this has been to my detriment. For example, going to court on the morning my father died because I couldn’t let the court down.’

Family Law, 8th October 2021

Source: www.familylaw.co.uk

Speech by the President of the Family Division: Supporting Families in Conflict – There is a better way – Courts & Tribunals Judiciary

Posted October 13th, 2021 in children, dispute resolution, divorce, domestic violence, families, family courts, judges, speeches by sally

‘An Address by Sir Andrew McFarlane to the Jersey International Family Law Conference 2021.’

Courts & Tribunals Judiciary, 11th October 2021

Source: www.judiciary.uk

Financial Remedy Update, October 2021 – Family Law Week

Posted October 13th, 2021 in bigamy, divorce, domestic violence, families, family courts, fees, financial dispute resolution, financial provision, foreign jurisdictions, inquiries, internet, media, news, Pakistan by sally

‘Stephanie Hawthorn, associate, and Robert Jackson, trainee solicitor, at Mills & Reeve LLP, consider the important news and case law relating to financial remedies and divorce during September 2021.’

Family Law Week, 8th October 2021

Source: www.familylawweek.co.uk

Court dismisses 28 separate divorce petitions with identical wording – Law Society’s Gazette

Posted October 13th, 2021 in divorce, families, family courts, news by sally

‘A family court judge has dismissed 28 divorce petitions from the same company after a finding that particulars of behaviour were “absolutely identical” to each other.

Law Society's Gazette, 12th October 2021

Source: www.lawgazette.co.uk

A v A [2021] – The Final Piece of the Puzzle for Family Arbitration – Family Law

Posted October 4th, 2021 in arbitration, dispute resolution, families, family courts, news by sally

‘FLiP has been a strong supporter of family arbitration as a means of resolving disputes away from the courts since family arbitration was introduced into England & Wales in February 2012. In fact, it was at FLiP that one of the first family arbitrations under the new scheme took place and, as a firm, we offer three qualified family arbitrators.

The uptake and breadth of appeal of family arbitration has turned a real corner in the past 16 or so months. The decision of A v A (Arbitration: Guidance) [2021] EWHC 1889 (Fam), published in July 2021, has clarified how family arbitration works within the family court system; it should give those considering using family arbitration full confidence in the process as a cogent alternative to litigation.’

Family Law, 1st October 2021

Source: www.familylaw.co.uk

Knives in court: Rise in blades found at London family courts – BBC News

Posted September 15th, 2021 in family courts, news, offensive weapons, statistics by sally

‘The number of large blades brought to London family courtrooms has tripled in a year, official records obtained by the BBC show.’

BBC News, 15th September 2021

Source: www.bbc.co.uk

When a case is described finely balanced, how important are the children’s expressed wishes and feelings? Dorset Council v M & Ors (Removal : Balance of Harm) [2021] EWFC B43 – Transparency Project

Posted September 8th, 2021 in adoption, care orders, children, families, family courts, fostering, local government, news by sally

‘Every case is fact specific but what makes cases like this interesting is seeing what it was that made the Judge’s decision fall on the opposite side of the line to the professionals when the decision is said to be “finely balanced” and “on a knife edge”.’

Transparency Project, 7th September 2021

Source: www.transparencyproject.org.uk

Eight things you need to know: Personal Injury damages in divorce cases – Family Law

Posted August 13th, 2021 in damages, divorce, families, family courts, financial dispute resolution, financial provision, news, personal injuries by sally

‘The “pre-acquired” or “non-matrimonial” argument is one which has taken up much commentary in family law circles over recent years. However, the conundrum can be even more challenging when considering personal injury damages that one party may have received in order to meet their specific needs arising from an accident or injury.’

Family Law, 12th August 2021

Source: www.familylaw.co.uk

Court of Appeal calls for fresh attention to fundamental principles of good case management in care proceedings as workload grows – Local Government Lawyer

Posted August 12th, 2021 in appeals, care orders, case management, family courts, news by sally

‘The desired shift in professional practice in care proceedings can be achieved by paying fresh attention to the fundamental principles of good case management, the Court of Appeal has stressed in two cases appealed from the Family Court at Leeds.’

Local Government Lawyer, 12th August 2021

Source: www.localgovernmentlawyer.co.uk

Rebalancing the Family Justice System – Family Law Week

Posted August 11th, 2021 in child abuse, children, domestic violence, families, family courts, news by sally

‘Syvil Lloyd Morris, Solicitor Advocate and co-founder of Bastian Lloyd Morris, challenges three precepts of the Family Justice System.’

Family Law Week, 10th August 2021

Source: www.familylawweek.co.uk

Is the public law family justice system failing those it is supposed to serve? – Family Law Week

Posted August 6th, 2021 in barristers, families, family courts, news by sally

‘Celestine Greenwood, barrister of Exchange Chambers, offers a personal observation as to the extent that the family justice system adequately and properly serves our society.’

Family Law Week, 5th August 2021

Source: www.familylawweek.co.uk

Family arbitration : It’s arbitration, but not as we know it – Transparency Project

Posted August 2nd, 2021 in arbitration, dispute resolution, families, family courts, jurisdiction, news by sally

‘Let us start briefly with the idea of arbitration. It has been used for centuries to resolve commercial disputes. Unlike mediation, where parties must come to their own agreement which the mediator helps to facilitate, an arbitration is a contractual agreement to be bound by the decision of the arbitrator. Various schemes exist which allow commercial parties to appoint an arbitrator.’

Transparency Project, 30th July 2021

Source: www.transparencyproject.org.uk

More needs to be done to ensure remote hearings are fair and work smoothly, say family professionals – Local Government Lawyer

Posted July 27th, 2021 in consultations, coronavirus, families, family courts, legal representation, litigants in person, local government, news, remote hearings, statistics by sally

‘Nearly two thirds of professionals responding to the latest Nuffield Family Justice Observatory (NFJO) rapid consultation feel that more needs to be done to ensure that remote hearings are fair and work smoothly.’

Local Government Lawyer, 26th July 2021

Source: www.localgovernmentlawyer.co.uk

Applying the CMS Formula in High Income Cases – Family Law Week

Posted July 16th, 2021 in children, divorce, families, family courts, financial dispute resolution, financial provision, news by sally

‘Joshua Viney, barrister, and Henry Pritchard, pupil barrister, both of 1 Hare Court, explore the circumstances in which it might be unfair to apply the CMS formula.’

Family Law Week, 14th July 2021

Source: www.familylawweek.co.uk

No need to change on ‘Freedom Day’ how family courts and Court of Protection have been operating, says Family President – Local Government Lawyer

Posted July 15th, 2021 in coronavirus, Court of Protection, electronic filing, family courts, local government, news, remote hearings by sally

‘The President of the Family Division has ruled out issuing firm guidance on how the family courts and the Court of Protection should approach their work after 19 July – dubbed “Freedom Day” – when coronavirus restrictions are lifted by the Government.’

Local Government Lawyer, 15th July 2021

Source: www.localgovernmentlawyer.co.uk

Family Court judge issues ruling to highlight successful use of “Resolutions Model” – Local Government Lawyer

Posted July 8th, 2021 in care orders, child cruelty, children, families, family courts, local government, news by sally

‘A mother and daughter have been reunited under the rarely used ‘Resolutions Model’ by the Family Court.’

Local Government Lawyer, 8th July 2021

Source: www.localgovernmentlawyer.co.uk

The Lachaux libel case returns with an expensive result for the publishers – Transparency Project

Posted July 8th, 2021 in burden of proof, damages, defamation, domestic violence, families, family courts, media, news by sally

‘This post is not about family law; it’s about defamation law. It involves alleged behaviour by a husband (Bruno Lachaux) to his wife (Afsana Lachaux). Since their separation, Mr and Mrs Lachaux have been involved in litigation in the family court which we wrote about in September last year. That litigation involved both financial matters and children matters. There was also a separate ongoing libel case brought by Mr Lachaux regarding a number of publications about his marriage. Mrs Lachaux was not a party in the libel case.’

Transparency Project, 7th July 2021

Source: www.transparencyproject.org.uk

Social Worker awarded damages in Strasbourg for unfair accusations of professional misconduct – UK Human Rights Blog

Posted July 8th, 2021 in appeals, child abuse, children, compensation, costs, damages, defamation, families, family courts, human rights, joint enterprise, local government, news, professional conduct, sexual offences, social services by sally

‘The United Kingdom has been ordered by the European Court of Human Rights to pay damages and legal costs to a social worker who was unfairly accused of professional misconduct by a Family Court judge.’

UK Human Rights Blog, 7th July 2021

Source: ukhumanrightsblog.com

Reporting restrictions in end of life cases: anonymity for treating clinicians – UK Human Rights Blog

Posted July 7th, 2021 in anonymity, birth, causing death of children or vulnerable adults, children, damages, doctors, families, family courts, freedom of expression, hospitals, human rights, jurisdiction, media, negligence, news, reporting restrictions, whistleblowers by sally

‘The focus of this judgment was on the jurisdiction, if any, that the High Court Family Division has to maintain a Reporting Restriction Order (‘RRO’) prohibiting the naming of any medical clinicians as being involved in the care and treatment of a child who had been the subject of “end of life” proceedings before the High Court prior to their death, and where an RRO had been made at that time preventing the identification of any of the treating clinicians and staff until further order.’

UK Human Rights Blog, 6th July 2021

Source: ukhumanrightsblog.com

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