Category: family courts

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

Posted November 26th, 2024 in autism, children, deprivation of liberty safeguards, family courts, hospital orders, jurisdiction, local government, mental health, news by tracey

‘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.’

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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

Posted November 25th, 2024 in divorce, families, family courts, financial dispute resolution, financial provision, news, pensions by tracey

‘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.’

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Financial Remedies Journal, 21st November 2024

Source: financialremediesjournal.com

Cheshire West revisited: deprivation of liberty and children – UK Human Rights Blog

Posted November 22nd, 2024 in children, deprivation of liberty safeguards, disabled persons, families, family courts, human rights, learning difficulties, local government, news, Supreme Court by sally

‘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.’

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UK Human Rights Blog, 22nd November 2024

Source: ukhumanrightsblog.com

Injuries and Part 25 experts – Local Government Lawyer

Posted November 20th, 2024 in accidents, care orders, child cruelty, children, expert witnesses, families, family courts, local government, news by tracey

‘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.’

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Local Government Lawyer, 20th November 2024

Source: www.localgovernmentlawyer.co.uk

Children case law update: November 2024 – Local Government Lawyer

Posted November 20th, 2024 in care orders, children, codes of practice, families, family courts, Islam, local government, mental health, news by tracey

‘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.’

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Local Government Lawyer, 20th November 2024

Source: www.localgovernmentlawyer.co.uk

Lessons from Lieven J – Local Government Lawyer

Posted November 18th, 2024 in child abuse, children, evidence, families, family courts, local government, news, sexual grooming, sexual offences, victims by tracey

‘Holly Hilbourne-Gollop looks at a High Court judge’s realistic approach to obtaining evidence from children.’

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Local Government Lawyer, 15th November 2024

Source: www.localgovernmentlawyer.co.uk

What Financial Remedy Lawyers Need to Know About Emojis – Financial Remedies Journal

Posted November 18th, 2024 in families, family courts, interpretation, legal profession, news, telecommunications by tracey

‘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.’

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Financial Remedies Journal, 15th November 2024

Source: financialremediesjournal.com

A new Cafcass Domestic Abuse Practice Policy – Becket Chambers

Posted November 14th, 2024 in chambers articles, children, codes of practice, domestic violence, families, family courts, news, victims by sally

‘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.’

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Becket Chambers, 31st October 2024

Source: becket-chambers.co.uk

Conduct in financial remedy proceedings: N v J [2024] EWFC 184 – Becket Chambers

Posted November 13th, 2024 in chambers articles, cohabitation, families, family courts, financial dispute resolution, news by sally

‘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?’

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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

Posted November 11th, 2024 in child abuse, child cruelty, children, expert witnesses, families, family courts, judges, news, speeches by tracey

‘Speech by the PFD: Suspected Physical Abuse of Children – Experts in the Family Court.’

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Courts and Tribunals Judiciary, 7th November 2024

Source: www.judiciary.uk

Wells Sharing: Commonplace or a Matter of Last Resort? – Financial Remedies Journal

Posted November 11th, 2024 in divorce, families, family courts, financial provision, news by tracey

‘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.’

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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

Posted November 1st, 2024 in adoption, appeals, children, families, family courts, local government, news, placement orders, social services by tracey

‘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.’

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Local Government Lawyer, 31st October 2024

Source: www.localgovernmentlawyer.co.uk

Assisted Dying: What Role for the Judge? – Transparency Project

Posted October 31st, 2024 in assisted suicide, bills, constitutional law, families, family courts, health, judges, judiciary, news, suicide by sally

‘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.’

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Transparency Project, 30th October 2024

Source: transparencyproject.org.uk

Divorce applications wrongly approved after computer error, high court hears – The Guardian

Posted October 31st, 2024 in computer programs, divorce, families, family courts, marriage, news, time limits by sally

‘Dozens of divorce applications were wrongly approved due to a computer error, the high court has heard.’

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The Guardian, 31st October 2024

Source: www.theguardian.com

GH v GH – FDRs Are Not to Be Dispensed With – Financial Remedies Journal

Posted October 28th, 2024 in divorce, families, family courts, financial dispute resolution, news by tracey

‘If ever there were any doubts as to the importance of the FDR appointment and the parties’ attendance at one, then Mr Justice Peel has unequivocally put those doubts to rest in his judgment in GH v GH [2024] EWFC 272, published on 3 October 2024. The court’s ongoing focus on assisting parties to resolve financial remedy proceedings in a timely and proportionate manner means that FDRs (including private FDRs) are, perhaps unsurprisingly, still receiving significant praise and judicial support.’

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Financial Remedies Journal, 21st October 2024

Source: financialremediesjournal.com

No Special Favours: Litigants in Person and the Financial Remedies Court – Financial Remedies Journal

Posted October 28th, 2024 in divorce, families, family courts, financial dispute resolution, litigants in person, news by tracey

‘No Special Favours: Litigants in Person and the Financial Remedies Court’

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Financial Remedies Journal, 23rd October 2024

Source: financialremediesjournal.com

AI and Family Law – Financial Remedies Journal

Posted October 21st, 2024 in artificial intelligence, families, family courts, legal profession, news by tracey

‘AI has the real likelihood of transforming the practice of family law solicitors more than the major conceptual changes from the Children Act, the seismic shift from White or the speed of response needed from lis pendens of EU law – a transformation which will happen fast even in the slow-moving, conservative legal profession.’

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Financial Remedies Journal, 14th October 2024

Source: financialremediesjournal.com

A 40-Year Revolution in Financial Remedies – Financial Remedies Journal

Posted October 21st, 2024 in child support, children, divorce, families, family courts, financial dispute resolution, financial provision, news by tracey

‘My subject today is revolution. Don’t worry. I am not advocating a take-over of the country by Tommy Robinson or Piers Corbyn. I am talking about the fundamental transformation of financial remedy work since I undertook my first ever case on 19 July 1983 in the Edmonton County Court, just over 41 years ago.’

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Financial Remedies Journal, 16th October 2024

Source: financialremediesjournal.com

Delaying a Divorce Because of Financial Prejudice: The New No-fault Law and Practice – Financial Remedies Journal

Posted October 14th, 2024 in delay, divorce, families, family courts, financial dispute resolution, financial provision, news by tracey

‘There can be real loss and prejudice in some divorce cases if the final divorce order, previously the decree absolute, is granted before the final financial settlement and its implementation in circumstances when the paying party then dies. Automatic entitlement to pensions, the primary circumstance, but also insurance policies, beneficial interest in trusts and similar are then not available as the applicant is now divorced, financial remedy claims are no longer available after death and there might have to be a difficult and separate civil claim.’

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Financial Remedies Journal, 7th October 2024

Source: financialremediesjournal.com

Resolution’s Report on Domestic Abuse in Financial Remedy Proceedings: An Overview of the Key Findings and Recommendations – Financial Remedies Journal

Posted October 14th, 2024 in divorce, domestic violence, families, family courts, financial dispute resolution, financial provision, news by tracey

‘Resolution’s Report on Domestic Abuse in Financial Remedy Proceedings: An Overview of the Key Findings and Recommendations.’

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Financial Remedies Journal, 8th October 2024

Source: financialremediesjournal.com