‘A new research report paints a very alarming picture of the way in which some family courts are dealing with cases where there is domestic abuse, ignoring the procedures put in place by court rules. Academics at the University of Sussex conducted a survey of 88 lawyers who act in private law proceedings in Sussex.’
Transparency Project, 14th February 2020
Source: www.transparencyproject.org.uk
‘amicable (spelt with a little ‘a’) charged the parties £300 for helping with preparation of their divorce petition and application for decree nisi, and a further £300 for drafting a simple precedent-compliant cleanbreak order (which the parties had negotiated) together with accompanying Form A, D81, joint disclosure statement. Their letter forwarding the same to the court attracted the attention of the court and this application.’
St Ives Chambers, February 2020
Source: www.stiveschambers.co.uk
‘Speech by The Hon Mr Justice MacDonald: Family Law – Past and Future.’
Courts and Tribunals Judiciary, 10th February 2020
Source: www.judiciary.uk
‘It was last May, not long after he had dealt with journalist and TP member Louise Tickle’s successful appeal against a wrongly imposed reporting restriction order, that the President of the Family Division announced he would be holding a ‘Transparency Review’.’
Transparency Project, 11th February 2020
Source: www.transparencyproject.org.uk
‘This is a talk by Sir James Munby (lately President of the Family Division of the High Court of Justice of England and Wales) at the Conference in Edinburgh on 10 February 2020 of Shared Parenting Scotland.’
Transparency Project, 10th February 2020
Source: www.transparencyproject.org.uk
‘Three-quarters of family lawyers are women, while those from black, Asian and minority ethnic (BAME) backgrounds are under-represented, ground-breaking research among members of Resolution has indicated.’
Legal Futures, 11th February 2020
Source: www.legalfutures.co.uk
‘Restrictions on reporting cases in the family courts concerning child custody or distribution of assets are “hopelessly obsolescent” and should be repealed, a former judge has said.’
The Guardian, 11th February 2020
Source: www.theguardian.com
‘This article explores the approach a court should take in relation to vulnerable witnesses, in particular those that have experienced domestic abuse. The recent case of H v F [2020] EWHC 86 (Fam) demonstrates that a case will be successful on appeal if the correct procedures are not complied with.’
Becket Chambers, 3rd February 2020
Source: becket-chambers.co.uk
‘Shiva Ancliffe reviews the law relating to the determination of whether a child should be separately represented in proceedings.’
Family Law Week, 2nd February 2020
Source: www.familylawweek.co.uk
‘Shiva Ancliffe reviews the law relating to the determination of whether a child should be separately represented in proceedings.’
Family Law Week, 3rd February 2020
Source: www.familylawweek.co.uk
‘The President of the Family Division, Sir Andrew McFarlane, has issued a call for evidence as part of the Family Court’s ‘Transparency Review’.’
Local Government Lawyer, 4th February 2020
Source: www.localgovernmentlawyer.co.uk
‘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
‘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
‘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
A recent podcast on BBC sounds by ‘File on 4’ focused on separated siblings in the care system.
One of the stories is from a woman who explains that she was split from her sister and wasn’t allowed to see her despite her living just five minutes away. She recalls that between their respective foster families’ homes there was a park where she would see her younger sister playing with her foster sister. Breaking down into tears, she explains that she felt hurt, angry, annoyed, sad and “thought it was really, really cruel”.
5 SAH, 20th January 2020
Source: www.5sah.co.uk
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