Care proceedings and recusal – Local Government Lawyer
‘Gary Fawcett considers two recent care cases he has dealt with recently where “recusal” has cropped up.’
Local Government Lawyer, 17th December 2024
Source: www.localgovernmentlawyer.co.uk
Category: family courts
Adherence to the Public Law Outline in London – issues for family lawyers – Local Government Lawyer
‘Rebecca Davies discusses the Family Presiding Judge for London, Mr Justice MacDonald’s new practice note and strategy aimed at reducing the huge backlog and delay in the London family courts and how family lawyers may be affected.’
Local Government Lawyer, 17th December 2024
Source: www.localgovernmentlawyer.co.uk
Allegations of alienating behaviour – important new guidance published – Transparency Project
‘The Family Justice Council (FJC) has published guidance for Family Court judges and those working in the Family Justice System, on responding to allegations of alienating behaviour.’
Transparency Project, 11th December 2024
Source: transparencyproject.org.uk
New guidance on ‘parental alienation’ in family court battles – BBC News
‘Family courts in England and Wales should give more weight to allegations of domestic abuse than to claims of “parental alienation”, according to new guidance.’
BBC News, 11th December 2024
Source: www.bbc.co.uk
Arbitrating Costs Provision Applications – Financial Remedies Journal
‘There have been few seismic changes in family law that reshaped everything. Much as we would love suddenly to have a new landscape for our professional work, most of us can only hope to find small solutions that work for some small corner of one field. However, bit by bit this may all contribute to an evolving and improving climate in which families change and start their new chapters. Here we hope is one more such.’
Financial Remedies Journal, 5th December 2024
Source: financialremediesjournal.com
Magistrate’s letter on ‘the acceptability of absent fathers’ leads to formal advice – Law Society’s Gazette
‘A magistrate who remarked on the “relentless rise in the acceptability of” absent fathers has been issued with formal advice.’
Law Society's Gazette, 2nd December 2024
Source: www.lawgazette.co.uk
Judge rejects application by local authority for declaration in dispute between council and health board over responsibility for care of 15 year old – Local Government Lawyer
‘A High Court judge has rejected a local authority’s application for a declaration from the court that because a vulnerable young person was detainable under the provisions of the Mental Health Act 1983, the court did not have jurisdiction to grant a Deprivation of Liberty (DoL) order pursuant to the inherent jurisdiction.’
Local Government Lawyer, 25th November 2024
Source: www.localgovernmentlawyer.co.uk
Dangers of Applying PSOs Determined Using pre-McCloud CEVs on ‘McCloud compliant’ CEVs – Financial Remedies Journal
‘Those working in the Pensions on Divorce arena (whether PODEs, solicitors or scheme administrators) will by now be all too familiar with the McCloud ruling, and how much additional work this has caused for cases involving public sector pension schemes.’
Financial Remedies Journal, 21st November 2024
Source: financialremediesjournal.com
Cheshire West revisited: deprivation of liberty and children – UK Human Rights Blog
‘Ten years on from Cheshire West [2014] UKSC 19 (covered on this blog at the time), the seminal decision on deprivation of liberty by the Supreme Court, the Family Court faces an ever-increasing number of applications for deprivation of liberty orders for children. Two recent decisions from Mrs Justice Lieven, Peterborough City Council v SM [2024] EWHC 493 (Fam) and Re J [2024] EWHC 1690 (Fam), could curb this trend. But while these decisions emanate from the Family Court, their reasoning may be of broader interest and could prompt wider questions about Article 5 ECHR and what constitutes a deprivation of liberty.’
UK Human Rights Blog, 22nd November 2024
Source: ukhumanrightsblog.com
Injuries and Part 25 experts – Local Government Lawyer
‘Matthew Timm analyses a Family Court ruling that a local authority had failed to discharge the burden of proof in asserting that injuries to a child when he was eight months old were inflicted by one or other of his parents.’
Local Government Lawyer, 20th November 2024
Source: www.localgovernmentlawyer.co.uk
Children case law update: November 2024 – Local Government Lawyer
‘Sarah Hutchinson summarises recent Family Division rulings on an application by a father for a boy subject to a care order to be circumcised, and an application by an NHS for permission for NG feeding and restraint in respect of a 12-year old girl with anorexia nervosa.’
Local Government Lawyer, 20th November 2024
Source: www.localgovernmentlawyer.co.uk
Lessons from Lieven J – Local Government Lawyer
‘Holly Hilbourne-Gollop looks at a High Court judge’s realistic approach to obtaining evidence from children.’
Local Government Lawyer, 15th November 2024
Source: www.localgovernmentlawyer.co.uk
What Financial Remedy Lawyers Need to Know About Emojis – Financial Remedies Journal
‘Emojis play a significant part in digital communications, including casual messaging, social media posts, and increasingly, professional communications. When we are reviewing historical messages, understanding what the emojis were intended to mean could become an essential part of identifying what was discussed and/or agreed at that time.’
Financial Remedies Journal, 15th November 2024
Source: financialremediesjournal.com
A new Cafcass Domestic Abuse Practice Policy – Becket Chambers
‘On 9th October 2024 Cafcass published a new policy document that outlines what actions ‘practitioners’ (Family Court Advisers and Guardians) and their managers should undertake when working with children and adults who have experienced domestic abuse. The policy is a direct response to the 2020 Harm Panel report and it sets out a clear intention of further protecting child and adult victims of domestic abuse.’
Becket Chambers, 31st October 2024
Source: becket-chambers.co.uk
Conduct in financial remedy proceedings: N v J [2024] EWFC 184 – Becket Chambers
‘It can often be a difficult and sensitive topic in financial remedy proceedings: what relevance is domestic abuse when considering a fair distribution of assets after separation?’
Becket Chambers, 1st October 2024
Source: becket-chambers.co.uk
Speech by the PFD: Suspected Physical Abuse of Children – Experts in the Family Court – Courts and Tribunals Judiciary
‘Speech by the PFD: Suspected Physical Abuse of Children – Experts in the Family Court.’
Courts and Tribunals Judiciary, 7th November 2024
Source: www.judiciary.uk
Wells Sharing: Commonplace or a Matter of Last Resort? – Financial Remedies Journal
‘The importance of the ‘clean break’ has been reemphasised in recent years with greater emphasis being placed on MCA 1973 s 25A (and s 28(1A)), particularly in the judgments of Mostyn J.’
Financial Remedies Journal, 8th November 2024
Source: financialremediesjournal.com
Appeal judges reiterate that it is for the court – not local authorities or any other person – to determine in adoption cases whether there should be ongoing contact with birth family – Local Government Lawyer
‘The Court of Appeal has allowed a local authority’s appeal against a judge’s refusal to make placement orders in respect of two young children.’
Local Government Lawyer, 31st October 2024
Source: www.localgovernmentlawyer.co.uk
Assisted Dying: What Role for the Judge? – Transparency Project
‘The Terminally Ill Adults (End of Life) Bill had its first, purely formal, reading in the House of Commons on 16 October 2024, when it was presented by Kim Leadbeater MP. The important second reading is fixed for 29 November 2024.’
Transparency Project, 30th October 2024
Source: transparencyproject.org.uk
Divorce applications wrongly approved after computer error, high court hears – The Guardian
‘Dozens of divorce applications were wrongly approved due to a computer error, the high court has heard.’
The Guardian, 31st October 2024
Source: www.theguardian.com
