‘It is not appropriate for a 15-day hearing into whether a mother has harmed her seven-year-old daughter to be held remotely, the president of the Family Court has ruled.’
Legal Futures, 22nd April 2020
Source: www.legalfutures.co.uk
‘We are plotting a course through unchartered waters. Never before has the family justice system had to deal with such a wide-reaching challenge as the COVID-19 epidemic. The issue of contact with children in care presents one of the most turbulent seas to cross. This article explores the legal principles that will give family practitioners their bearings and guide the court’s approach through the coming weeks and months.’
5SAH, 6th April 2020
Source: www.5sah.co.uk
‘The family court have put arrangements in place so that it can continue to process applications for child arrangements during the coronavirus pandemic.’
5SAH, 6th April 2020
Source: www.5sah.co.uk
‘The President of the Family Division, Sir Andrew McFarlane, has launched a two-week rapid consultation on the use of remote hearings in the family justice system.’
Local Government Lawyer, 14th April 2020
Source: www.localgovernmentlawyer.co.uk
‘On the 6th April 2020 the much talked about expansion of the children arbitration scheme came into effect. This is a significant change to the now well established scheme launched in 2016. The scheme has had amendments to its rules along the way but until now, it has not received an extension of its scope. In summary, the scope of scheme has been expanded to include both temporary and permanent relocation of children to foreign jurisdictions that fall within article 2.2(c) below. This development could not be timelier, serving to reinforce arbitration as a strong and worthy contender to litigation.’
Family Law Week, 14th April 2020
Source: www.familylawweek.co.uk
‘There is no question that remote hearings are a good means of ensuring the continued delivery of the decision-making element of the family justice system. It is amazing that we can do it at all and it is great that we can. But doing so in this way is at the cost of our ability properly to connect to one another, and judges like me are compromised in their ability to conduct hearings with the empathy, fairness, understanding and compassion that is rightly valued as an essential element of the Family Court. I appreciate that in order to deliver justice in the time of Covid-19 we must accept compromise. I wanted to share my experiences however, as there have been times that the extent to which I have felt constrained has been uncomfortable, and I worry about the impact on the parties, and the wider goal of delivering justice fairly. Even though huge progress has and will continue to be made in improving remote hearings, we will be working under the effects of Covid-19 for many months yet to come. I am concerned about the responsibility that will continue to fall on judges for deciding what cases are to be heard or not, and for setting the terms of reference for what constitutes a fair hearing in the time of Covid-19.’
Transparency Project, 7th April 2020
Source: www.transparencyproject.org.uk
‘The Transparency Project recently assisted the FLBA tech working party to gather some information and feedback in light of the publication of the key judicial guidance on family justice during the pandemic – ‘The Remote Family Court’. That document (now on version 2), sets out a number of unresolved questions at paragraph 8.3. Our contribution to that exercise focused on elements that fell within our ambit – access to journalists and legal bloggers, recording of proceedings, litigants in person, and information for the public.’
Transparency Project, 2nd April 2020
Source: www.transparencyproject.org.uk
‘There’s been a flurry of new guidance in response to the pandemic. We’ve gathered some useful links (with key definitions) to help families, advice workers and professionals find and use practical information more easily.’
Transparency Project, 21st March 2020
Source: www.transparencyproject.org.uk
‘Final hearings and hearings with contested evidence in civil and family cases will “inevitably” be conducted using technology very shortly, the Lord Chief Justice has warned.’
Litigation Futures, 19th March 2020
Source: www.litigationfutures.com
‘The case of Re A (Children) (Parental Alienation) 2019 EWFC demonstrates clearly the shortcomings of the Family Court to ensure that all children, wherever possible, enjoy a relationship with both of his or her parents. The position of the courts with regard to ordering no direct contact with the absent parent, is that it is a very serious step to take, and should only be taken where it is plainly not in the welfare best interests of the child.’
Becket Chambers, 2nd March 2020
Source: becket-chambers.co.uk
‘Events have been moving so fast that detailed guidance on how to sustain the administration of justice in these two important jurisdictions would be overtaken by developments very quickly.’
Courts and Tribunals Judiciary, 19th March 2020
Source: www.judiciary.uk
‘Family hearings at the Court of Appeal will be live-streamed under a joint initiative by the judiciary and government to boost transparency in the justice system.’
Ministry of Justice, 12th March 2020
Source: www.gov.uk/government/organisations/ministry-of-justice
‘Applications for forced marriage protection orders (“FMPO”s) made pursuant to s.63A of the Family Law Act 1996 are on the rise: in 2018, the government’s Forced Marriage Unit provided advice or support in 1,764 possible forced marriage cases; a significant increase from the following 1200-1400 cases in 2017. Also in 2018, Family Court statistics indicate that 322 applications were made and 324 orders granted. Despite applications being made by police, who must seek leave to make such an application under s.63C(3) of the Family Law Act 1996, and local authorities, the legislation itself does not provide clear guidance as to how the court should deal with such applications. The President of the Family Division, Sir Andrew McFarlane, has now done so in Re K (Forced Marriage: Passport Order) [2020] EWCA Civ 190.’
UK Police Law Blog, 5th March 2020
Source: ukpolicelawblog.com
‘A national support service representing children in family court cases has opened up its data to researchers as part of wider efforts to understand how well the family justice system is working. Cafcass has transferred its file data to the Secure Anonymised Information Linkage (SAIL) Databank, which is based at the University of Swansea. Cafcass said the move was part of a strategy to exchange knowledge and learning with key partners such as the Nuffield Family Justice Observatory, set up by the Nuffield Foundation to improve the use of data and research in the family justice system.’
Law Society's Gazette, 3rd March 2020
Source: www.lawgazette.co.uk
‘The case of JH v MJ concerned an appeal heard and allowed before Ms Justice Russell from HHJ Tolson, the designated family judge at the Central Family Court in London. For the avoidance of doubt that is the most senior judge at central family court with a number important roles in and oversight of the administration of family justice.’
Garden Court Chambers, 20th February 2020
Source: www.gardencourtchambers.co.uk
‘An association for female family lawyers will be launched next month, embracing all levels of seniority from High Court judges to paralegals, with the immediate aim of creating a national mentoring scheme.’
Legal Futures, 25th February 2020
Source: www.legalfutures.co.uk
‘Almost four out of 10 legal aid firms do not use the LASPO ‘safety net’ and make exceptional case funding applications, according to a new study by the Public Law Project – reported on the Justice Gap (here). More then three-quarters believed the scheme was not effective. The PLP survey by Professor Joe Tomlinson and Emma Marshall drew on responses between from 89 legal aid providers and other groups providing legal advice and was conducted in October/ November last year. The aim was to engage with providers working in four areas – immigration, family, housing and welfare benefits. Researchers identified 1,276 organisations with a legal aid contract working across these four areas.’
Legal Voice, 21st February 2020
Source: legalvoice.org.uk
‘The Financial Remedies Courts (FRCs) have been established as a subsidiary structure within the Family Court. In November 2019, two documents were published: Overall Structure Of The Financial Remedies Courts And The Role And Function Of The Lead Judge, and Financial Remedies Courts Good Practice Protocol. It is the protocol which is essential reading for family law practitioners.’
Law Society's Gazette, 24th February 2020
Source: www.lawgazette.co.uk
‘A legal action over access to a fertility clinic’s private records concerning the storage of a dead person’s “sperm and/or embryos” is being heard by the family court partly in secret.’
The Guardian, 19th February 2020
Source: www.theguardian.com
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