family courts – Page 4 – Current Awareness

AI in the family justice system: report published by Nuffield Family Justice Observatory – Family Law

Posted June 17th, 2024 in artificial intelligence, families, family courts, news by tracey

‘The Nuffield Family Justice Observatory has published a briefing paper to prompt discussion and reflection about how artificial intelligence (AI) could potentially improve experiences for families and professionals using or involved with the family justice system. It also outlines the challenges and risks involved, and the governance required for safe usage.’

Full briefing paper

Family Law, 11th June 2024

Source: www.familylaw.co.uk

A Brilliantly Logical Approach to Dealing with Pensions – Financial Remedies Journal

Posted June 17th, 2024 in divorce, families, family courts, financial dispute resolution, financial provision, news, pensions by tracey

‘SP v AL [2024] EWFC 72(B). In this judgment, His Honour Judge Hess sets an example of how, by following a logical thought process, seemingly complex pensions can be reduced to a very straightforward outcome.’

Financial Remedies Journal, 13th June 2024

Source: financialremediesjournal.com

What happens when Child Maintenance is not enough? – Becket Chambers

Posted June 12th, 2024 in chambers articles, child support, children, families, family courts, financial provision, news, remuneration by sally

‘Child maintenance refers to the financial support which is made by a parent towards a child’s living costs and expenses after the parents separate. It is usually an amount which is paid to the resident parent who cares for the child most of the time.’

Becket Chambers, 9th May 2024

Source: becket-chambers.co.uk

Non-Matrimonial Assets – Assets Acquired Post-Separation – Becket Chambers

Posted June 12th, 2024 in chambers articles, divorce, families, family courts, financial dispute resolution, news by sally

I have written twice previously on this website about non-matrimonial assets but, the authorities referred to therein tended to have some emphasis upon assets acquired prior to the marriage whereas recently there have been two cases that focus on post-separation acquired assets.’

Becket Chambers, 28th May 2024

Source: becket-chambers.co.uk

Suitability, reports in Family proceedings, and termination of existing accommodation – Nearly Legal

Posted June 10th, 2024 in appeals, children, families, family courts, homelessness, housing, landlord & tenant, local government, news by tracey

‘Querino v Cambridge City Council (Rev1) (2024) EWCA Civ 314. This was a second appeal to the court of appeal from a s.204 appeal of a decision on suitability of accommodation offered to Mr Querino in discharge of homeless duty.’

Nearly Legal, 9th June 2024

Source: nearlylegal.co.uk

Why don’t facts always seem to matter? – Local Government Lawyer

Posted June 10th, 2024 in children, families, family courts, news by tracey

‘Stephen Williams looks at the importance of the welfare analysis in public law proceedings being objectively fair.’

Local Government Lawyer, 7th June 2024

Source: www.localgovernmentlawyer.co.uk

Judge allows reporting of case where DNA tests established that three abandoned babies were full sibliings – Local Government Lawyer

Posted June 7th, 2024 in anonymity, children, DNA, families, family courts, local government, news, public interest, reporting restrictions by sally

‘A newborn baby abandoned in Newham, East London, has been found – following DNA testing – to be the third child abandoned by the same parents.’

Local Government Lawyer, 6th June 2024

Source: www.localgovernmentlawyer.co.uk

Three years in prison for man who threw radiator at judge – Law Society’s Gazette

Posted June 7th, 2024 in assault, contempt of court, families, family courts, imprisonment, judges, news, sentencing by sally

‘Aman has been jailed for three years for assaulting a judge during a hearing in a family court case in an incident which raised national concerns about court security.’

Law Society's Gazette, 6th June 2024

Source: www.lawgazette.co.uk

NA v LA [2024] EWFC 113 – 1 GC: Family Law

Posted June 6th, 2024 in case management, chambers articles, dispute resolution, divorce, family courts, financial provision, news, stay of proceedings by tracey

‘Sapna Jain has written a case summary for the recent case of NA v LA [2024] EWFC 113 for Family Law Week.’

1 GC: Family Law, 4th June 2024

Source: www.familylawweek.co.uk

“No vision” on use of AI by family justice system – Legal Futures

Posted June 4th, 2024 in artificial intelligence, family courts, news by tracey

‘There is currently “not a vision” for how people in the family justice system, clients and professionals, can “safely harness” the benefits of artificial intelligence (AI), the Nuffield Family Justice Observatory has found.’

Legal Futures, 4th June 2024

Source: www.legalfutures.co.uk

Court as a last resort! – Kingsley Napley Family Law Blog

Posted June 3rd, 2024 in children, dispute resolution, divorce, families, family courts, financial dispute resolution, financial provision, news by sally

‘How you approach resolving a dispute with your ex-partner, whether regarding finances or your children, is an important first step in your case and can set the tone moving forward.’

Kingsley Napley Family Law Blog, 29th May 2024

Source: www.kingsleynapley.co.uk

Judge uses new power to “encourage” ADR in absence of agreement – Legal Futures

Posted May 31st, 2024 in dispute resolution, divorce, families, family courts, financial dispute resolution, financial provision, judges, news by michael

‘A High Court judge has used new powers to “encourage” the use of alternative dispute resolution (ADR) in family proceedings in the absence of agreement between the parties.’

Legal Futures, 31st May 2024

Source: www.legalfutures.co.uk

Standish – the Narrowing of ‘Matrimonialisation’ – Financial Remedies Journal

Posted May 29th, 2024 in appeals, divorce, families, family courts, financial dispute resolution, financial provision, news by tracey

‘In L v L [2021] EWFC B83 His Honour Judge Booth (sitting as a judge of the High Court) stated at [26] he had been referred to the concept of “matrimonialisation” but it was “a word that I hope will not acquire common usage”. Although not a word in the Oxford English Dictionary, His Honour Judge Booth’s hope has not come to fruition. In Standish v Standish [2024] EWCA 567 Richard Todd KC (for the appellant wife) invited the court (at [71]) to “remove [the category of matrimonialised assets] from the lexicon of the law on financial remedies” and Timothy Bishop KC (for the respondent husband) suggested (at [93]) “the court might consider whether this concept merits being maintained at all”. However Moylan LJ (in a judgment with whom King and Phillips LJJs both agreed) stated at [161] the answer to “the question raised by both parties, namely whether the whole concept of matrimonialisation should no longer be applied”, was “it should continue to be applied”.’

Financial Remedies Journal, 28th May 2024

Source: financialremediesjournal.com

Letterbox contact can no longer be seen as appropriate regime for most cases, and should “certainly not be the norm”: Family President – Local Government Lawyer

Posted May 24th, 2024 in adoption, child abuse, children, constitutional law, families, family courts, judges, judiciary, local government, news, parliament, prerogative powers, royal family, victims by sally

‘The President of the Family Division, Sir Andrew McFarlane, has outlined the need for a “new approach” to post-adoption contact, noting that letterbox contact can “no longer be seen as the appropriate regime for most cases”.’

Local Government Lawyer, 23rd May 2024

Source: www.localgovernmentlawyer.co.uk

Children detained under little-known orders are speaking out after turning 18 – BBC News

Posted May 22nd, 2024 in children, deprivation of liberty safeguards, families, family courts, local government, news by sally

‘At the age of 14, Katy Baxter was detained alone under a court order, far from her Bournemouth home, supervised by two workers 24 hours a day, going for long periods without any contact with her family.’

BBC News, 22nd May 2024

Source: www.bbc.co.uk

Speech by the President of the Family Division: Adapting Adoption to the Modern World, Part Two – Courts and Tribunals Judiciary

Posted May 20th, 2024 in adoption, children, families, family courts, judges, mental health, news, speeches by tracey

‘Adapting Adoption to the Modern World: Part Two, Friday 17 May 2024 President of the Family Division The Right Honourable Sir Andrew McFarlane.’

Courts and Tribunals Judiciary, 17th May 2024

Source: www.judiciary.uk

Family President issues guidance on urgent and out of hours applications to High Court Family Division – Local Government Lawyer

Posted May 17th, 2024 in families, family courts, judges, news by sally

‘The President of the Family Division, Sir Andrew McFarlane, has issued practice guidance on urgent applications, out of hours applications and bundles in the Family Division of the High Court.’

Local Government Lawyer, 16th May 2024

Source: www.localgovernmentlawyer.co.uk

Article by Matthew Smith : The New Family Procedure Rules: Costs sanctions for failing to engage in NCDR – Park Square Barristers

Posted May 15th, 2024 in chambers articles, costs, dispute resolution, families, family courts, news by sally

‘In the recent High Court decision of X v Y [2024] EWHC 538 (Fam), Mrs Justice Knowles gave a strong forewarning over the forthcoming changes to the FPR and how the same are likely to be interpreted in financial remedies hearings and in cases concerning children.’

Park Square Barristers, 3rd April 2024

Source: www.parksquarebarristers.co.uk

The older child and medical treatment decisions – mental capacity or competence? – Mental Capacity Law and Policy

Posted May 15th, 2024 in blood products, children, Christianity, family courts, medical treatment, news, young persons by sally

‘Re J (Blood Transfusion: Older Child: Jehovah’s Witnesses) [2024] EWHC 1034 (Fam) is a characteristically thoughtful judgment from Cobb J, concerning whether authorisation should be given to provide a 17 year old Jehovah’s Witness with blood products in a planned operation. In analysing the legal framework, Cobb J was taken to the decision of the Court of Appeal in E v Northern Care Alliance NHS Foundation Trust and F v Somerset NHS Foundation Trust [2021] EWCA Civ 1888 (“E and F”). He resisted, however, the submission by the Trust that the decision set out the proposition that there can be a point in cases involving the medical treatment of those under that 18 that “the discretionary powers on the court to intervene convert into a duty on the court to intervene to preserve the young person’s life” (paragraph 33).’

Mental Capacity Law and Policy, 12th May 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Jehovah’s Witnesses and blood products: Re J – Law & Religion UK

Posted May 13th, 2024 in blood products, Christianity, family courts, hospitals, medical treatment, news, young persons by tracey

‘In J (Blood Transfusion: Older Child: Jehovah’s Witnesses), Re [2024] EWHC 1034 (Fam), J was a baptised Jehovah’s Witness aged 17 years 7 months who was awaiting abdominal surgery. As a Jehovah’s Witness, he did not consent to the use of blood products in the event of a significant uncontrolled intra-operative or post-operative bleed [1 & 2]. The Applicant, the University Hospitals Plymouth NHS Trust, applied to the court for a declaration that it would be lawful and in J’s best interests for him to receive blood products if required in the event of an emergency in the surgery.’

Law & Religion UK, 10th May 2024

Source: lawandreligionuk.com

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