Category: family courts

No fault divorce – why lawyers like me hope new law can end the bitter blame game – Family Law

Posted October 2nd, 2020 in bills, divorce, families, family courts, legal profession, news, solicitors by sally

‘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”.’

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Family Law, 30th September 2020

Source: www.familylaw.co.uk

Family lawyers “losing connection” with colleagues since lockdown – Legal Futures

Posted September 23rd, 2020 in barristers, coronavirus, families, family courts, freedom of movement, legal profession, news, solicitors, statistics by sally

‘Family law specialist are feeling more isolated and less connected to their peers and colleagues within the legal community since the UK went into lockdown, a survey of Resolution members has found.’

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Legal Futures, 23rd September 2020

Source: www.legalfutures.co.uk

Public law children case update: contact, nationality and stays – Local Government Lawyer

Posted September 18th, 2020 in appeals, care orders, children, citizenship, contact orders, coronavirus, families, family courts, local government, news, parental rights by sally

‘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.’

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Local Government Lawyer, 18th September 2020

Source: www.localgovernmentlawyer.co.uk

Re D-S (Contact with Children in Care: Covid-19) – Family Law Week

Posted August 28th, 2020 in appeals, care orders, causing serious physical harm to a child or vulnerable adult, children, coronavirus, families, family courts, local government, news by sally

‘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.’

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Family Law Week, 13th August 2020

Source: www.familylawweek.co.uk

Family Court judge allows autistic mother to type evidence in witness box during care proceedings – Local Government Lawyer

Posted August 26th, 2020 in autism, care orders, children, disabled persons, evidence, families, family courts, local government, news, supervision orders by sally

‘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.’

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Local Government Lawyer, 25th August 2020

Source: www.localgovernmentlawyer.co.uk

Newman v Southampton CC: child, mother, journalist – whose rights win out? – Panopticon

Posted August 10th, 2020 in adoption, care orders, chambers articles, children, costs, data protection, disclosure, documents, families, family courts, human rights, local government, media, news, parental responsibility, privacy by sally

‘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.’

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Panopticon, 7th August 2020

Source: panopticonblog.com

Family Law Newsletter – Spire Barristers

Posted July 30th, 2020 in chambers articles, divorce, family courts, jurisdiction, news, remote hearings, Scotland, surrogacy by sally

‘Issue #35 of Spire Barristers’ Family Law Newsletter: edited by Connie Purdy and Taz Irshad; news and Case Reviews by Georgina Dalton.’

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Spire Barristers, 22nd July 2020

Source: spirebarristers.co.uk

Parental Alienation: the enigma of family law – Family Law Week

Posted July 29th, 2020 in children, families, family courts, news, parental rights by sally

‘Ian McArdle, barrister of Atlantic Chambers, Liverpool, calls for an agreed definition of “parental alienation”.’

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Family Law Week, 24th July 2020

Source: www.familylawweek.co.uk

Non-molestation orders: Valid Service in the time of Coronavirus (Part 2) – Family Law Week

Posted July 29th, 2020 in coronavirus, enforcement, families, family courts, injunctions, news, non-molestation orders, practice directions, service by sally

‘Rachel Cooper and Michael Horton from Coram Chambers further consider the service of non-molestation orders in the time of Covid-19.’

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Family Law Week, 27th July 2020

Source: www.familylawweek.co.uk

My ex has made an application for a Child Arrangements Order – now what will happen to me and my kids? – Becket Chambers

Posted July 28th, 2020 in child arrangements orders, children, divorce, family courts, news by sally

‘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?’

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Becket Chambers, 22nd July 2020

Source: becket-chambers.co.uk

Judge removed from child welfare case over ‘pejorative’ remarks about mother – The Guardian

Posted July 28th, 2020 in bias, family courts, judges, news, remote hearings by sally

‘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.’

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The Guardian, 25th July 2020

Source: www.theguardian.com

The Spotlight Review on domestic abuse – where does it fit in with other court reforms? – Transparency Project

Posted July 27th, 2020 in children, domestic violence, families, family courts, Ministry of Justice, news, practice directions by sally

‘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.’

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Transparency Project, 24th July 2020

Source: www.transparencyproject.org.uk

Judge rails at lawyers’ ‘thoroughly disorganised’ case presentation – Law Society’s Gazette

Posted July 23rd, 2020 in case management, delay, expert witnesses, family courts, news by sally

‘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.’

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Law Society's Gazette, 21st July 2020

Source: www.lawgazette.co.uk

Family courts carry out ‘state sanctioned abuse’ of domestic abuse survivors by letting perpetrators see children, commissioner warns – The Independent

Posted July 23rd, 2020 in bills, coercive & controlling behaviour, domestic violence, family courts, harassment, news, victims by sally

‘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.’

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The Independent, 22nd July 2020

Source: www.independent.co.uk

High Court rejects CFA-style ban on third-party funding in family cases – Litigation Futures

Posted July 22nd, 2020 in champerty, families, family courts, fees, news, third parties by sally

‘The ban on conditional fee agreements (CFAs) in family cases should not be read across to third-party litigation funding, the High Court has ruled.’

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Litigation Futures, 22nd July 2020

Source: www.litigationfutures.com

Guidance for litigants in person on remote hearings in the Family Court – Resolution

Posted July 15th, 2020 in coronavirus, family courts, litigants in person, remote hearings, Uncategorized by sally

‘With the advent of the global pandemic hearings in the Family Court are increasingly being held remotely by telephone or on video conferencing software. This guide is designed to help you through the process and includes helpful information on how to prepare for the hearing, how to join a hearing and what to do during the hearing.’

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Resolution, 14th July 2020

Source: https://resolution.org.uk/

FGM protection order in child’s best interests – Court of Appeal – UK Human Rights Blog

Posted July 14th, 2020 in children, family courts, female genital mutilation, jurisdiction, news by sally

‘A (A Child) (Rev 1) [2020] EWCA 731 (15 June 2020). This was an appeal by the secretary of state against a decision of the President of the Family Division concerning the exercise of the family court’s jurisdiction to make a female genital mutilation protection order (FGMPO) under the Female Genital Mutilation Act 2003 Sch.2 Pt 1 para.1.’

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UK Human Rights Blog, 13th July 2020

Source: ukhumanrightsblog.com

The family court and vulnerable people – Transparency Project

Posted July 13th, 2020 in children, disabled persons, equality, families, family courts, news by sally

‘Judges and magistrates of the family court deal with some of the most vulnerable people in our society. Quite often, people will find it difficult to participate because of their vulnerabilities. These vulnerabilities could cover a wide spectrum of barriers to participation: some litigants may have cognitive or mental health problems; some may have an intellectual disability; some may have a physical disability; and some may be particularly vulnerable as a result of the experiences they have suffered.’

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Transparency Project, 11th July 2020

Source: www.transparencyproject.org.uk

Pilot Scheme launched for domestic abuse cases in family courts – Becket Chambers

Posted July 10th, 2020 in bills, chambers articles, domestic violence, families, family courts, news, pilot schemes by sally

‘The Domestic Abuse bill which is making its way through the legislative process and which was delayed as a result of the calling of the general election (and the prorogation of Parliament) has reached the report stage in the commons this week. It is expected to be amended to incorporate the reforms to the legislation recommended by an expert panel and which will implement those recommendations and commence a pilot scheme to trial them.’

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Becket Chambers, 1st July 2020

Source: becket-chambers.co.uk

The New Cost Rules – A Focused Approach – Becket Chambers

Posted July 10th, 2020 in chambers articles, civil procedure rules, costs, families, family courts, financial dispute resolution, news by sally

‘A client who is successful in most forms of civil litigation can expect to recover some if not all their costs. Since the abolition of the Calderbank offer, it has been difficult to obtain cost orders in financial remedy litigation and the general rule is that the court will not make an order requiring one party to pay the costs of the other (FPR 28.3 (5)).’

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Becket Chambers, 6th July 2020

Source: becket-chambers.co.uk