Good practice for lawyers towards litigants in person – Family Law

‘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.’

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Family Law, 19th November 2019

Source: www.familylaw.co.uk

Princess Haya of Jordan and her husband Dubai ruler Sheik Mohammed Al Maktoum are before the High Court this week seeking rulings in relation to their children: Hilary Lennox explains the applications – 5SAH

‘Princess Haya bint al-Hussein of Jordan attended court in July 2019 and made three applications before the High Court of England and Wales. A Forced Marriage Protection Order, Wardship orders in respect of their two children and a non-molestation order to protect her against domestic violence.’

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5SAH, 12th November 2019

Source: www.5sah.co.uk

Family Proceedings and Mental Health – KCH Garden Sq

Posted November 19th, 2019 in children, family courts, mental health, news, pregnancy by sally

‘Any family practitioner will know that the concept of ‘wellbeing’ is at the heart of care and family court proceedings. Sir Andrew Macfarlane recently remarked “the general focus on wellbeing has developed coincidentally with a massive increase in pressure within the Family Justice system and, if anything, the need for every practitioner to be aware of issues of wellbeing is, in my view, at its most acute for those working in the field of Family Law”.’

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KCH Garden Sq, 8th November 2019

Source: kchgardensquare.co.uk

Concerns raised about Calderbank offers being used to assess litigation conduct – Law Society’s Gazette

‘Reservations have been expressed about plans to change the rules for determining costs at the end of family proceedings.’

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Law Society's Gazette, 5th November 2019

Source: www.lawgazette.co.uk

President’s guidance as to reporting on family courts – Transparency Project

Posted November 4th, 2019 in consultations, family courts, news, reporting restrictions by sally

‘As part of the decision made by the President of the Family Division in the appeal by TP member, Louise Tickle in February, Sir Andrew McFarlane stated that guidance to courts would need to be issued to address the uncertainty that existed if a journalist or legal blogger entitled to attend court asked for leave to publish information from the hearing. Draft guidance was published in March, and following a consultation period the final version has now been issued. The Transparency Project responded to the consultation. The new guidance was published on the Judiciary website on 29th October, although it is dated 3rd October.’

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Transparency Project, 1st November 2019

Source: www.transparencyproject.org.uk

Family Division judge hands down ruling in care proceedings involving 49 parties – Local Government Lawyer

‘A Family Division judge has handed down his judgment in what is said to have been one of the largest public law children’s cases ever litigated.’

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Local Government Lawyer, 31st October 2019

Source: www.localgovernmentlawyer.co.uk

Behaviour of family judge meant hearing amounted to serious procedural irregularity, High Court judge finds – Local Government Lawyer

‘A district judge who was found “shaking with rage” during a case on a child’s care plan has had her ruling overturned on grounds of serious procedural irregularity.’

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Local Government Lawyer, 31st October 2019

Source: www.localgovernmentlawyer.co.uk

District judge ‘sarcastic and shaking with rage’ in flawed family hearing – Law Society’s Gazette

‘The Family Court has overturned a district judge’s care ruling after finding she “crossed the line” during the hearing, creating a hostile atmosphere and alienating everyone appearing before her.’

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Law Society's Gazette, 25th October 2019

Source: www.lawgazette.co.uk

Wife fails to overturn financial award made in arbitration – Family Law

‘A recent decision in the High Court upholding a financial award made in arbitration confirms the courts’ support for arbitration in financial proceedings. It also acts as a warning to anyone seeking to appeal a family arbitral award. Tim Carpenter and Lydia Fowler review the decision.’

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Family Law, 23rd October 2019

Source: www.familylaw.co.uk

When One Parent Kills Another – how should the family court approach this? – Family Law Week

Posted October 22nd, 2019 in care orders, children, domestic violence, families, family courts, guardianship, murder, news by tracey

‘Care proceedings where one parent has killed the other are particularly tragic for the children involved. This article considers some of the issues that arise in these cases and explores some of the case law when dealing with the death of one parent killed by the other.’

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Family Law Week, 21st October 2019

Source: www.familylawweek.co.uk

Children: Private Law Update (Autumn 2019) – Family Law Week

Posted October 18th, 2019 in appeals, children, contact orders, costs, evidence, family courts, identification, news, paternity by tracey

‘Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.’

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Family Law Week, 13th October 2019

Source: www.familylawweek.co.uk

‘One lawyer is enough’: family judge issues court guidance – Law Society’s Gazette

Posted October 14th, 2019 in family courts, legal representation, news, practice directions by tracey

‘Solicitors with cases being heard at Central Family Court have been told they do not always have to turn up with their barristers. The suggestion is one of 24 contained in wellbeing guidance issued this month by His Honour Judge Robin Tolson QC.’

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Law Society's Gazette, 11th October 2019

Source: www.lawgazette.co.uk

Financial Remedy & Divorce Update, October 2019 – Family Law Week

‘Naomi Shelton, Associate, Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during September 2019.’

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Family Law Week, 10th October 2019

Source: www.familylawweek.co.uk

Cafcass backs renewed focus on pre-proceedings work in public law children cases – but rejects direct role – Local Government Lawyer

‘Cafcass has said it supports a renewed focus on pre-proceedings work and managing risk in public law children cases, with more emphasis on gaining and recording the wishes and feelings of children at that stage.’

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Local Government Lawyer, 9th October 2019

Source: www.localgovernmentlawyer.co.uk

Capitalised maintenance: a court-free solution? – Family Law

‘The court’s unpredictable approach means alternative resolution could be the logical choice, argue Kim Beatson and Victoria Brown.’

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Family Law, 2nd October 2019

Source: www.familylaw.co.uk

Court has no power to require Cafcass to undertake work with non-subject child, judge rules – Local Government Lawyer

‘A court has no power to require Cafcass to appoint one of its officers, whether a children’s guardian or otherwise, to undertake any work with or play any role with a non-subject child, a High Court judge has concluded.’

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Local Government Lawyer, 1st Octoer 2019

Source: www.localgovernmentlawyer.co.uk

Family courts hearing FGM cases do not have jurisdiction to injunct Home Secretary on asylum matters, rules senior judge – Local Government Lawyer

‘There is no jurisdiction for a family court to make a FGM (female genital mutilation) protection order against the Home Secretary to control the exercise of her jurisdiction with respect to matters of immigration and asylum, the President of the Family Division has concluded.’

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Local Government Lawyer, 30th September 2019

Source: www.localgovernmentlawyer.co.uk

Majority of care cases continue to miss 26-week deadline – Law Society’s Gazette

‘The average time it takes to conclude care proceedings remains significantly high, according to latest quarterly statistics published today. Figures released by the Ministry of Justice, covering April to June, show that the average time for a care and supervision case to reach first disposal remained the same as it did for January to March – 33 weeks. This is the longest average time since the last quarter of 2013.’

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Law Society's Gazette, 26th September 2019

Source: www.lawgazette.co.uk

Family judges must justify delaying final decisions – Court of Appeal – Law Society’s Gazette

Posted September 24th, 2019 in adjournment, delay, family courts, news by tracey

‘Judges have been warned by the Court of Appeal not to adjourn final decisions in family cases simply to “press the pause button”.’

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Law Society's Gazette, 23rd September 2019

Source: www.lawgazette.co.uk

Open justice ‘victory’ revisited – Family Law

‘Laws governing the release of court material to non-parties in civil cases post Cape Intermediate are clear, but has the decision moved transparency laws forward for family proceedings? David Burrows reports.’

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Family Law, 19th September 2019

Source: www.familylaw.co.uk