Family Law Newsletter – Spire Barristers
‘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
Category: family courts
Parental Alienation: the enigma of family law – Family Law Week
‘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
Non-molestation orders: Valid Service in the time of Coronavirus (Part 2) – Family Law Week
‘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
My ex has made an application for a Child Arrangements Order – now what will happen to me and my kids? – Becket Chambers
‘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
Judge removed from child welfare case over ‘pejorative’ remarks about mother – The Guardian
‘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 Spotlight Review on domestic abuse – where does it fit in with other court reforms? – Transparency Project
‘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
Judge rails at lawyers’ ‘thoroughly disorganised’ case presentation – Law Society’s Gazette
‘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 carry out ‘state sanctioned abuse’ of domestic abuse survivors by letting perpetrators see children, commissioner warns – The Independent
‘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
High Court rejects CFA-style ban on third-party funding in family cases – Litigation Futures
‘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.’
Litigation Futures, 22nd July 2020
Source: www.litigationfutures.com
Guidance for litigants in person on remote hearings in the Family Court – Resolution
‘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.’
Resolution, 14th July 2020
Source: https://resolution.org.uk/
FGM protection order in child’s best interests – Court of Appeal – UK Human Rights Blog
‘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.’
UK Human Rights Blog, 13th July 2020
Source: ukhumanrightsblog.com
The family court and vulnerable people – Transparency Project
‘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.’
Transparency Project, 11th July 2020
Source: www.transparencyproject.org.uk
Pilot Scheme launched for domestic abuse cases in family courts – Becket Chambers
‘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.’
Becket Chambers, 1st July 2020
Source: becket-chambers.co.uk
The New Cost Rules – A Focused Approach – Becket Chambers
‘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)).’
Becket Chambers, 6th July 2020
Source: becket-chambers.co.uk
Is COVID-19 a Barder Event? Considering the enforceability of financial settlements in light of COVID-19 – Thomas More Chambers
‘The potential short and longer-term consequences of the COVID-19 crisis upon the global and national economy are now well-known. Financial remedy practitioners have been anticipating a number of queries from clients potentially seeking to make an application to set aside their concluded financial settlements, because of the effect current events have had or may have upon their finances. Questions therefore arise about whether or not the effects of COVID-19 are capable of being treated as a Barder Event by the family courts, and thus to act as a basis to revisit final financial remedy orders.’
Thomas More Chambers, 6th July 2020
Source: www.thomasmore.co.uk
Major overhaul of family courts to protect domestic abuse victims – Family Law
‘The government has announced an overhaul of how the Family Court deals with domestic abuse to provide greater protection to survivors of domestic abuse.’
Family Law, 1st July 2020
Source: www.familylaw.co.uk
Consultation on improving the procedure for the enforcement of family financial orders – Family Law
‘The Family Procedure Rule Committee (FPRC) has announced a stakeholder consultation on making the general enforcement application procedure (for the enforcement of family financial orders) more effective. The consultation follows the Law Commission’s report in December 2016 on the enforcement of family financial orders.’
Family Law, 1st July 2020
Source: www.familylaw.co.uk
Case Management and COVID-19: A New Road to Consistency? – Family Law Week
‘John Jupp, Solicitor, and Lecturer in Law at the University of Sussex, considers whether family judges are making consistent case management decisions during the pandemic.’
Family Law Week, 24th June 2020
Source: www.familylawweek.co.uk
Success Fee Recoverability in 1975 Act Claims: Re H [2020] EWHC 1134 (Fam) – Pallant Chambers
‘The general rule in civil litigation is that costs “follow the event”. In an article I wrote for the special issue of Civil Justice Quarterly on Civil Litigation Costs, Vol. 32 pages 109-312 Issue 2 2013, I discussed the negative impact that this rule can have on access to justice: not only is the losing party hit with two bills rather than one, but the losing party has no direct control over the costs incurred by the successful party.’
Pallant Chambers, 26th June 2020
Source: www.pallantchambers.co.uk
Family court judges given power to intervene in domestic abuse cases – The Guardian
‘Judges will be empowered to intervene in cases of domestic abuse to prevent the complainant from being re-victimised by aggressive lines of questioning, as part of a new raft of legal changes announced today.’
The Guardian, 25th June 2020
Source: www.theguardian.com
