‘Four in ten parents who have been involved in a remote family hearing say they did not understand it, a major study has discovered.’
Legal Futures, 28th October 2020
Source: www.legalfutures.co.uk
‘New mothers are having their babies taken into care during remote video and phone hearings from hospital, according to a report on justice during the coronavirus pandemic.’
The Guardian, 27th October 2020
Source: www.theguardian.com
‘Described as “a most unusual case”, the Family Court at the Royal Courts of Justice recently dismissed a forty-one-year-old son’s claim that the “bank of mum and dad” was legally obligated to maintain him. Most court orders for the payment of maintenance of children provide for that obligation to end at the age of 18 or upon the child leaving school. The courts retain jurisdiction to make or vary orders for maintenance of children in limited circumstances, including where there is already a court order in force, to meet expenses in connection with education or training for a trade, profession or vocation, and where the child has expenses attributable to a disability. In FS v RS and JS [2020] EWFC 63, Sir James Munby considered whether the court had jurisdiction in relation to claims under the Matrimonial Causes Act 1973 and the Children Act 1989 and whether jurisdiction under the inherent jurisdiction could be exercised as the Applicant asserted. This is an overview of Munby J’s remarkable judgment in light of an unprecedented proposition upon the court’s traditionally paternal or parental character.’
Transparency Project, 19th October 2020
Source: www.transparencyproject.org.uk
‘A particularly unwelcome issue for judges hearing cases remotely is that some of the most disturbing elements of serious family cases are being heard at home, a High Court judge reported last week.’
Legal Futures, 19th October 2020
Source: www.legalfutures.co.uk
‘The family court system has adapted so well to remote working that some courts do not have a backlog of cases, the president of the Family Division said yesterday.’
Legal Futures, 15th October 2020
Source: www.legalfutures.co.uk
‘Following an earlier consultation, there has been a comprehensive rewriting of the rules of court dealing with the procedure to be adopted in relation to contempt of court.’
Transparency Project, 10th October 2020
Source: www.transparencyproject.org.uk
‘As a divorce lawyer, it is important to remember that you are the ultimate distress purchase. No-one starts their marriage thinking it will end in divorce. If the sad day does come when a marriage fails, emotions can run high. Parties can be quick to blame each other for the breakdown. They may think that in placing the blame at the door of the other spouse, they may achieve a better financial outcome, or more time with the kids. You may think “so far, so good” for divorce lawyers. Surely they will benefit from a “War of the Roses” style divorce battle with each party playing the blame game? After all, we all know the good Yorkshire saying: “Where there’s muck, there’s brass”.’
Family Law, 30th September 2020
Source: www.familylaw.co.uk
‘Georgina Dalton summarises the latest public law children rulings, covering issues such as contact during care, changing the nationality of children in care, and practice on granting short-term stays.’
Local Government Lawyer, 18th September 2020
Source: www.localgovernmentlawyer.co.uk
‘This was a successful appeal against a decision of HHJ Lea to refuse a mother’s application for direct contact to her children (who were being cared for by the Local Authority) as the lockdown restrictions eased. Appeal allowed.’
Family Law Week, 13th August 2020
Source: www.familylawweek.co.uk
‘A Family Court judge has hailed the success of allowing an autistic mother’s oral evidence in care proceedings to be given by presenting her with written questions whilst in the witness box and for the answers to be typed in real time.’
Local Government Lawyer, 25th August 2020
Source: www.localgovernmentlawyer.co.uk
‘The High Court handed down judgment on Friday in Newman v Southampton City Council & Ors [2020] EWHC 2103 (Fam), the first recorded judgment concerning journalistic access to the court file in public law family proceedings. The case is likely to be of interest to media lawyers generally, and throws up potential complications surrounding the scope and extent of the privacy rights of children vis-à-vis their parents.’
Panopticon, 7th August 2020
Source: panopticonblog.com
‘Issue #35 of Spire Barristers’ Family Law Newsletter: edited by Connie Purdy and Taz Irshad; news and Case Reviews by Georgina Dalton.’
Spire Barristers, 22nd July 2020
Source: spirebarristers.co.uk
‘Ian McArdle, barrister of Atlantic Chambers, Liverpool, calls for an agreed definition of “parental alienation”.’
Family Law Week, 24th July 2020
Source: www.familylawweek.co.uk
‘Rachel Cooper and Michael Horton from Coram Chambers further consider the service of non-molestation orders in the time of Covid-19.’
Family Law Week, 27th July 2020
Source: www.familylawweek.co.uk
‘Many parents find it difficult to agree on the arrangements for their children after separating. This can be an extremely stressful and upsetting situation for everyone concerned. The priority should be to shield the children from arguments wherever possible but what should you do when you receive an application for a Child Arrangements Order and what does that mean for your children?’
Becket Chambers, 22nd July 2020
Source: becket-chambers.co.uk
‘A high court judge has been taken off a case centred on the care of a child after “pejorative comments” she made about the child’s mother were accidentally broadcast to people taking part in a hearing remotely.’
The Guardian, 25th July 2020
Source: www.theguardian.com
‘The work undertaken by the “spotlight panel” appointed by the Ministry of Justice, reported in what is being referred to as the “harm report”, has already been commented on here and here. Its full title is “Assessing Risk of Harm to Children and Parents in Private Law Cases”. The purpose of this blog post is to try to see how the harm report fits in with the wider reforms discussed by the President’s Private Law Working Party (the PrLWG) in its two reports.’
Transparency Project, 24th July 2020
Source: www.transparencyproject.org.uk
‘A High Court judge has urged parties not to expect to be given sympathy in future if they continue to flout procedural rules and file evidence late.’
Law Society's Gazette, 21st July 2020
Source: www.lawgazette.co.uk
‘Family courts are responsible for “state-sanctioned abuse” of domestic abuse victims as they allow violent parents to torment their ex-partners through the legal process, London’s victims commissioner has warned.’
The Independent, 22nd July 2020
Source: www.independent.co.uk
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