family courts – Page 26 – Current Awareness

Achieving Best Evidence in Family Cases involving allegations of sexual abuse – Pallant Chambers

Posted January 30th, 2020 in child abuse, evidence, family courts, news, witnesses by sally

‘A judgment was released earlier this week in the recent case EF, GH, IJ (care proceedings) [2019] EWFC which has highlighted a continuing failure of ABE interviewers failing to adhere to the guidance. It’s no surprise that extra care needs to be taken when conducting an interview with a child, after all Children are often poor historians, and many are suggestible: Re B (Allegation of Sexual Abuse: Child’s Evidence) [2006] 2 FLR 1071.’

Pallant Chambers, 27th January 2020

Source: www.pallantchambers.co.uk

“No” means No. – JH v MF [2020] EWHC 86 (Fam): An Appeal from the Central Family Court – 5 SAH

Posted January 28th, 2020 in child arrangements orders, coercive & controlling behaviour, domestic violence, family courts, news, rape by sally

‘This case, JH v MF [2020] EWHC 86 (Fam) was an appeal from the Central Family Court following a fact-finding trial before HHJ Robin Tolson QC in proceedings for a child arrangements order. The appellant mother (JH) had alleged domestic abuse, including two allegations of rape. She was represented by a barrister and the respondent father (MF) was unrepresented but supported by a McKenzie friend.’

5 SAH, 23rd January 2020

Source: www.5sah.co.uk

Bar investigates training on how to deal with suicidal clients – Legal Futures

Posted January 27th, 2020 in barristers, families, family courts, legal education, mental health, news, suicide by sally

‘The Bar Council is to explore how to deliver training to barristers about dealing with suicidal clients after a family law practitioner related her own harrowing experiences confronting the issue.’

Legal Futures, 27th January 2020

Source: www.legalfutures.co.uk

Parental alienation- the duty to identify at an early stage or risk getting it wrong – Becket Chambers

Posted January 22nd, 2020 in children, families, family courts, news, parental responsibility by sally

‘This article explores the recent judgment in Re A (Children) (Parental alienation) [2019] EWFC. Re A is a long, drawn out case involving a mother’s repeated inability to promote the children’s relationship with their father. Professionals concluded that she had at best “allowed the demonisation of the father and, at worst, actively encouraged this demonisation on the basis that it is right to do so… She is unable to perceive herself as being an agent or a cause.” This case should act as a warning to the Court and practitioners as to the very harrowing consequences of parental alienation. Re A shows how complex cases become when one parent alienates children from the other parent.’

Becket Chambers, 15th January 2020

Source: becket-chambers.co.uk

The role of CAFCASS in relation to non-subject children: A Case Study of A County Council v Children and Family Court Advisory and Support Service (Cafcass) [2019] EWHC 2369 (Fam) – Parklane Plowden

Posted January 16th, 2020 in child abuse, children, family courts, guardianship, local government, news, statutory interpretation by sally

‘In a recent decision of the High Court, Mr Justice Keehan considered the extent to which, if at all, the Court has the power to appoint CAFCASS to undertake work with and advise non-subject, non-party children.’

Parklane Plowden, 13th January 2020

Source: www.parklaneplowden.co.uk

The President of the Family Division’s New Guidance on Reporting in the Family Courts (3rd October 2019) – Becket Chambers

Posted January 15th, 2020 in codes of practice, families, family courts, freedom of expression, media, news, privacy, reporting restrictions by sally

‘Faced with the competing claims of transparency and privacy, free speech and family life, family law will always incline towards the latter. Its first instincts are protective, guarding the intimacies and lives of its own subject families and, particularly, its children.[1] First and foremost, family proceedings are and remain private matters. This fundamental principle holds fast. However, things are not simply as they were before. Successive Presidents of the Family Division have now expressly addressed the subject in the form of three separate occasions. At the very least, it is clear that the dynamic is being given careful thought. Whilst the guidances do not amount to a tilting of the scales, they are nevertheless guidances specifically designed to address acts of reporting. When President of the Family Division, Sir James Munby issued two guidances on transparency and anonymisation. Sir Andrew McFarlane, the current President, has now (as of October 2018) issued further guidance specifically dealing with applications to lift and vary reporting restrictions.’

Becket Chambers, 15th January 2020

Source: becket-chambers.co.uk

Court wellbeing protocol targets ‘last minute’ culture – Legal Futures

Posted January 14th, 2020 in electronic mail, family courts, news, working time by sally

‘Birmingham Family Court will today introduce a wellbeing protocol which aims to end a ‘last minute’ work culture that increases stress on practitioners outside of work hours.’

Legal Futures, 14th January 2020

Source: www.legalfutures.co.uk

Children: Public Law Update – Family Law Week

Posted January 10th, 2020 in appeals, care orders, causing death of children or vulnerable adults, child abuse, children, disclosure, evidence, families, family courts, news by tracey

‘John Tughan QC of 4 Paper Buildings reviews recent important public law cases concerning children.’

Family Law Week, 9th January 2020

Source: www.familylawweek.co.uk

Family Team Under 10’s Newsletter – Winter 2020 Edition – Parklane Plowden

Posted January 9th, 2020 in child abuse, children, codes of practice, deprivation of liberty safeguards, detention, family courts, financial provision, guardianship, mental health, news, placement orders, Supreme Court by sally

‘In the Winter edition of our Family Under 10’s Newsletter, Simon Wilkinson provides a case update with regards to the Matter of D, Giorgia Sessi studies the guidance published by the Courts and Tribunals Judiciary, whilst Charlotte Wilce lays out a case study regarding the role of CAFCASS in relation to non-subject children.’

Parklane Plowden, 7th January 2020

Source: www.parklaneplowden.co.uk

ALI V BARBOSA [2019] EWHC 2776 (Fam)– Void or Voidable. Maintaining the discretion of the family court and the importance of the circumstances of the case – Becket Chambers

Posted December 13th, 2019 in divorce, families, family courts, news, Scotland, statutory interpretation by sally

‘In October 2019, Mrs Justice Lieven DBE considered an application by a husband that the wife’s divorce proceedings, and the decree absolute, should be set aside for breaches in relation to service of the proceedings.’

Becket Chambers, 6th December 2019

Source: becket-chambers.co.uk

A ‘fair hearing’ in the family court includes the judge creating the appropriate atmosphere – 5SAH

Posted December 13th, 2019 in appeals, care orders, children, family courts, human rights, news, Scotland, statutory interpretation by sally

‘Within the U.K. there are two judicial systems: the law of England and Wales and the law of Scotland; which differ slightly. The Human Rights Act 1998 came into force on the 2nd October 2000 to incorporate the European Convention on Human Rights and Fundamental Freedoms 1950 (‘the Convention’) into the law of England & Wales. At the same time that the Human Rights Act 1998 was passing through parliament the Scotland Act 1998 was also making its’ way through parliament. Under the Scotland Act 1998, in May 1999, the U.K. devolved legislative and executive power to Scotland. The primary function of the Scotland Act 1998 was to set up a system of devolved government for Scotland, but it also included important provisions relating to the protection of the rights guaranteed by the Convention (‘Convention rights’).’

5SAH, 10th December 2019

Source: www.5sah.co.uk

What happens when a court order in private family law proceedings is breached? – Becket Chambers

Posted December 13th, 2019 in children, compensation, enforcement, families, family courts, imprisonment, jurisdiction, news, sentencing by sally

‘Parties named in a court order must follow the order. A party found to be in breach of an order may be fined, imprisoned, ordered to undertake unpaid work or have their assets seized. The penalty is at the discretion of the court.’

Becket Chambers, 10th December 2019

Source: becket-chambers.co.uk

McKenzie Friends giving “biased and misleading” online advice – Legal Futures

Posted December 11th, 2019 in family courts, fees, internet, legal representation, legal services, McKenzie friends, news, social services by tracey

‘McKenzie Friends are giving “biased and misleading” advice to vulnerable family litigants, an academic study of online posts has found.’

Legal Futures, 11th December 2019

Source: www.legalfutures.co.uk

Good practice for lawyers towards litigants in person – Family Law

Posted December 11th, 2019 in barristers, codes of practice, family courts, judiciary, legal aid, legal profession, legal representation, litigants in person, news, solicitors by tracey

‘Despite there being a variety of reasons why someone may choose to represent themselves in the family courts – this decision isn’t an anomaly. Now only 20% of family court cases have both parties represented. It’s a trend we’ve seen grow in recent years.’

Family Law, 10th December 2019

Source: www.familylaw.co.uk

Working group makes 22 recommendations to tackle shortage of medical experts prepared to work with family courts – Local Government Lawyer

Posted December 6th, 2019 in contract of employment, doctors, expert witnesses, family courts, news by sally

‘A working group seeking solutions to the dearth of medical experts willing to work in the family courts has made 22 recommendations for change including a simpler process for payment and allowing courts work to be part of employment contracts.’

Local Government Lawyer, 5th December 2019

Source: www.localgovernmentlawyer.co.uk

Speech by Sir Andrew McFarlane, President of the Family Division: Domestic Abuse and the Family Court – Courts and Tribunals Judiciary

Posted November 26th, 2019 in domestic violence, family courts, judiciary, speeches by tracey

‘Speech by Sir Andrew McFarlane, President of the Family Division: Domestic Abuse and the Family Court.’

Courts and Tribunals Judiciary, 19th November 2019

Source: www.judiciary.uk

The President’s New Clothes – Transparency Project

Posted November 25th, 2019 in domestic violence, families, family courts, judges, media, news by sally

‘This week has seen reports in the legal press of a speech in which the President of the Family Division set out an idea for a research project about news reports containing accounts of how family courts have handled domestic abuse claims. See for example : Press attacks on family courts should be assessed – McFarlane by Monidipa Fouzder in The Gazette.’

Transparency Project, 23rd November 2019

Source: www.transparencyproject.org.uk

Vulnerable witnesses and parties in the Family Courts – Local Government Lawyer

Posted November 22nd, 2019 in children, disabled persons, family courts, mental health, news, witnesses by tracey

‘Natalie Cross summarises important guidance on the approach to be taken to vulnerable witnesses and parties in the Family Courts.’

Local Government Lawyer, 22nd November 2019

Source: www.localgovernmentlawyer.co.uk

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