Category: family courts

Is COVID-19 a Barder Event? Considering the enforceability of financial settlements in light of COVID-19 – Thomas More Chambers

Posted July 10th, 2020 in appeals, chambers articles, coronavirus, divorce, enforcement, families, family courts, financial provision, news by sally

‘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.’

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Thomas More Chambers, 6th July 2020

Source: www.thomasmore.co.uk

Major overhaul of family courts to protect domestic abuse victims – Family Law

Posted July 2nd, 2020 in domestic violence, family courts, news, victims by sally

‘The government has announced an overhaul of how the Family Court deals with domestic abuse to provide greater protection to survivors of domestic abuse.’

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Family Law, 1st July 2020

Source: www.familylaw.co.uk

Consultation on improving the procedure for the enforcement of family financial orders – Family Law

Posted July 2nd, 2020 in consultations, enforcement, family courts, financial provision, news by sally

‘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.’

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Family Law, 1st July 2020

Source: www.familylaw.co.uk

Case Management and COVID-19: A New Road to Consistency? – Family Law Week

Posted July 2nd, 2020 in case management, coronavirus, family courts, news by sally

‘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.’

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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

Posted June 26th, 2020 in chambers articles, civil justice, civil procedure rules, costs, family courts, fees, news, part 36 offers by sally

‘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.’

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Pallant Chambers, 26th June 2020

Source: www.pallantchambers.co.uk

Family court judges given power to intervene in domestic abuse cases – The Guardian

Posted June 25th, 2020 in bills, case management, children, domestic violence, family courts, news, pilot schemes by sally

‘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.’

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The Guardian, 25th June 2020

Source: www.theguardian.com

News About Special Guardianship Orders – Transparency Project

Posted June 22nd, 2020 in care orders, children, codes of practice, families, family courts, guardianship, local government, news by sally

‘Two documents about special guardianship were published in mid June: A Public Law Working Group/Family Justice Council report and a Nuffield Family Justice Observatory research briefing on special guardianship orders (SGOs). The President of the Family Division has described practice guidance contained in the report as comprehensive and authoritative and has published this with his complete endorsement. He says on the Judiciary website that the guidance should now be applied and used in every case where a SGO is an option.’

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Transparency Project, 21st June 2020

Source: www.transparencyproject.org.uk

Guidance from the High Court on adjournments in care proceedings during the COVID-19 pandemic (A Local Authority v Mother and Ors) – 1 GC: Family Law

Posted June 12th, 2020 in adjournment, care orders, chambers articles, children, coronavirus, expert witnesses, families, family courts, news, remote hearings by sally

‘Liz Andrews, barrister at 1|GC Family Law reviews the judgment in A Local Authority v The Mother and others where Williams J was required to determine, in light of the guidance of the President of the Family Division alongside the recent decisions concerning adjournments during the coronavirus (COVID-19) pandemic, whether a fact-finding hearing taking place within long-running care proceedings was to continue following the conclusion of expert evidence and, if so, in what form, or whether the hearing should be adjourned to allow the lay parties to give evidence in person.’

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1 GC: Family Law, 5th June 2020

Source: 1gc.com

Family President predicts “very radical reduction” in amount of time that courts afford to each hearing – Local Government Lawyer

Posted June 10th, 2020 in coronavirus, delay, families, family courts, news, remote hearings by sally

‘It is unlikely that anything approaching a return to the normal court working environment will be achieved before the end of 2020 “or even the spring of 2021”, the President of the Family Division has said.’

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Local Government Lawyer, 9th June 2020

Source: www.localgovernmentlawyer.co.uk

The Family Court and COVID-19: The Road Ahead – Courts and Tribunals Judiciary

Posted June 10th, 2020 in coronavirus, family courts, news, remote hearings by sally

‘Sir Andrew McFarlane, President of the Family Division, has today published “The Road Ahead” for the Family Court in England and Wales.’

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Courts and Tribunals Judiciary, 9th June 2020

Source: www.judiciary.uk

Family judge says trial should be held on diplomatic immunity legislation and incompatibility with European Convention on Human Rights – Local Government Lawyer

Posted June 4th, 2020 in children, declarations of incompatibility, diplomats, family courts, human rights, immunity, local government, news by sally

‘A trial should be held on the “virtually insoluble dilemma” between diplomatic immunity and local authorities’ child protection duties, Mr Justice Mostyn has ruled in the High Court Family Division.’

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Local Government Lawyer, 4th June 2020

Source: www.localgovernmentlawyer.co.uk

Remote hearings for family courts ‘horribly cruel’ – BBC News

Posted June 4th, 2020 in coronavirus, family courts, news, remote hearings by sally

‘Court hearings held remotely in lockdown disadvantage vulnerable people and should not be used longer term, lawyers and charities have said.’

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BBC News, 4th June 2020

Source: www.bbc.co.uk

A case law update- a selection of the non-COVID-19 cases published during the pandemic – St Ives Chambers

Posted June 3rd, 2020 in adoption, chambers articles, children, coronavirus, families, family courts, news by sally

‘The Covid-19 pandemic has produced a number of new cases which tie together the guidance produced by the senior judiciary and are essential reading for all practitioners in this new world of remote working.’

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St Ives Chambers, 27th May 2020

Source: www.stiveschambers.co.uk

Lisa Harker: ‘Remote family court hearings are not just or humane’ – The Guardian

Posted June 2nd, 2020 in coronavirus, family courts, news, remote hearings by sally

‘The head of the Nuffield Family Justice Observatory on how parents and children are being failed during the coronavirus crisis.’

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The Guardian, 2nd June 2020

Source: www.theguardian.com

Judge criticises local authority and Children’s Guardian over efforts to identify birth father but declines to revoke adoption order – Local Government Lawyer

Posted June 1st, 2020 in adoption, children, families, family courts, judges, local government, news by sally

‘A Family Division judge has rejected a birth father’s application under the inherent jurisdiction of the High Court to revoke an adoption order made in November 2019, despite levelling criticisms at the local authority and Children’s Guardian over a lack of rigour and urgency to identify him.’

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Local Government Lawyer, 29th May 2020

Source: www.localgovernmentlawyer.co.uk

Covid-19 remote hearings “must not become settled norm” – Legal Futures

Posted May 28th, 2020 in coronavirus, families, family courts, news, remote hearings by sally

‘Remote hearings have been a successful emergency measure but should not be taken as establishing a settled mode of operation for the family courts after Covid-19, a leading judge has warned.’

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Legal Futures, 26th May 2020

Source: www.legalfutures.co.uk

Recognition of foreign marriage—implications of (Padero-Mernagh v Mernagh) – Family Law

Posted May 28th, 2020 in bigamy, coronavirus, divorce, families, family courts, foreign jurisdictions, marriage, news, remote hearings by sally

‘Cases involving bigamy are relatively rare, and the judgment of Williams J in Padero-Mernagh v Mernagh provides a useful analysis of the relevant law in that regard. Of particular note, however, is the way in which the final hearing was dealt with remotely, in light of the COVID-19 pandemic.’

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Family Law, 28th May 2020

Source: www.familylaw.co.uk

Chancery Lane calls for ‘best practice’ document on remote hearings in family courts, warns of “guidance fatigue” – Local Government Lawyer

Posted May 28th, 2020 in codes of practice, coronavirus, families, family courts, news, remote hearings by sally

‘The Law Society has urged the President of the Family Division to issue “best practice” and “top tips” rather than full prescriptive guidance on remote hearings.’

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Local Government Lawyer, 27th May 2020

Source: www.localgovernmentlawyer.co.uk

Keeping families together: the role of the court in child reunification – Family Law

Posted May 27th, 2020 in children, families, family courts, guardianship, news, supervision orders by sally

‘On May 11th the first meeting of a newly formed sub-group of the Public Law Working Group took place to review practice, guidance, regulations and the effectiveness of the law on supervision orders. Authorised by the President of the Family Division, the working party will be led by Professor Judith Harwin, Centre for Child and Family Justice, Lancaster University and Mr. Justice Keehan. It is the first review of the legislation since its enactment in the Children Act 1989.’

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Family Law, 26th May 2020

Source: www.familylaw.co.uk

Ayshea Megyery summarises recent cases and research in respect of the impact of COVID-19 in the family courts – Park Square Barristers

Posted May 20th, 2020 in chambers articles, coronavirus, families, family courts, news, remote hearings by sally

‘Whether a case proceeds by remote hearing must be decided on the sometimes competing factors of the individual case. However, pushing forward to achieve remote hearings must not be at the expense of a fair and just process. The decision of the President distils a number of key principles to be borne in mind. Just because a matter can be heard remotely does not mean it must be. In this case the delay in proceedings was outweighed by the fact that the hearing could not be properly or fairly conducted without the physical presence of the mother before the judge in the courtroom. As a result of that decision, the President re-listed the matter until such time that the restrictions relating to Covid-19 are lifted.’

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Park Square Barristers, 14th May 2020

Source: www.parksquarebarristers.co.uk