Category: family courts

The inherent jurisdiction, Article 3 ill-treatment, and the limits of the State’s obligations – Mental Capacity Law and Policy

Posted July 29th, 2024 in disabled persons, families, family courts, local government, news, placement orders, social services by sally

‘How far can the State be expected to go in seeking to secure the rights of those in challenging situations? A few months after this issue was looked at (albeit slightly curiously) from the perspective of Article 2 ECHR in R (Parkin) v His Majesty’s Assistant Coroner for Inner London (East) [2024] EWHC 744 (Admin), Gywnneth Knowles J has looked at it from the perspective of Article 3 ECHR. In Re P (Vulnerable Adult: Withdrawal of Application) [2024] EWHC 1882 (Fam), she was asked to consider the question of whether she should continue to use the powers of the High Court to compel a 29 year old woman to live apart from her father.’

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Mental Capacity Law and Policy, 28th July 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Two unsuccessful bites at the legal parenthood cherry – really in the child’s best interests? – Journal of Social Welfare and Family Law

Posted July 26th, 2024 in adoption, children, families, family courts, Law Commission, news, parental responsibility, statute law revision, surrogacy by sally

‘This case review considers Theis J’s judgment in Re Z (Surrogacy: Step-parent Adoption) [2024] EWFC 20, in which she refused a step-parent adoption order but made several other orders in relation to contact and the exercise of parental responsibility between the three adults involved. I posit that while the judgment probably represents the best possible outcome all round – especially the best interests of the child at its heart – it does not reflect the lived reality of most surrogacy agreements entered into in this country, or the experiences of those involved. It does, however, indicate that proposed reforms as recommended by the Law Commission of England and Wales and the Scottish Law Commission in 2023 would be welcome, especially as the intention behind them is precisely to protect against breakdowns in surrogacy arrangements such as sadly happened in this case.’

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Journal of Social Welfare and Family Law, 23rd July 2024

Source: www.tandfonline.com

UN concern over disciplinary case against UK lawyer for ‘boys’ club’ remarks – The Guardian

Posted July 17th, 2024 in barristers, bias, custody, disciplinary procedures, domestic violence, equality, families, family courts, gender, human rights, judges, news, sex discrimination, United Nations, women by tracey

‘Four UN special rapporteurs have warned that disciplinary proceedings against a female barrister for saying a judge had shown a “boys’ club attitude” may send “a disconcerting message” to lawyers challenging gender bias in custody and domestic abuse cases.’

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The Guardian, 16th July 2024

Source: www.theguardian.com

Local authorities, care orders and consent to confinement – Local Government Lawyer

Posted July 16th, 2024 in care orders, children, consent, deprivation of liberty safeguards, families, family courts, local government, news by tracey

‘Alex Ruck Keene KC (Hon) analyses another striking decision from Lieven J.’

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Local Government Lawyer, 12th July 2024

Source: www.localgovernmentlawyer.co.uk

Thousands of children “fallen victim” to record backlogs in family courts, Law Society President warns – Local Government Lawyer

Posted July 4th, 2024 in children, delay, families, family courts, Law Society, legal aid, local government, Ministry of Justice, news, statistics by sally

‘The Law Society President, Nick Emmerson, has called on the next government to protect children “trapped” in a family court crisis due to record backlogs.’

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Local Government Lawyer, 2nd July 2024

Source: www.localgovernmentlawyer.co.uk

Controversial Suspected Inflicted Head Injuries pilot launched: Lawyers raise concern about lack of consultation and potential unfairness – Transparency Project

Posted June 28th, 2024 in accidents, child cruelty, child neglect, children, consultations, cross-examination, families, family courts, news, pilot schemes by sally

‘When a child suffers a head injury which medical professionals suspect may be inflicted, safeguarding processes are triggered, often leading to care proceedings and the removal of the child from the care of their parents, usuall y for many months and sometimes forever.’

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Transparency Project, 27th June 2024

Source: transparencyproject.org.uk

High Court allows 15-year-old to change name despite opposition from local authority – Local Government Lawyer

Posted June 28th, 2024 in care orders, children, families, family courts, local government, names, news by sally

‘A High Court judge has allowed an application made by a 15 year old girl to change her forename and surname, despite the application being opposed by the girl’s mother and the local authority.’

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Local Government Lawyer, 27th June 2024

Source: www.localgovernmentlawyer.co.uk

Court of Appeal finds Family Division judge failed to adhere to “fundamental principle” of justice being seen to be done – Local Government Lawyer

Posted June 26th, 2024 in appeals, care orders, children, civil procedure rules, families, family courts, habeas corpus, judges, local government, news, placement orders by sally

‘The Court of Appeal has criticised a judge for her “blatantly unfair conduct”, finding that an interchange with a father demonstrated a “complete failure of proper judicial process”.’

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Local Government Lawyer, 25th June 2024

Source: www.localgovernmentlawyer.co.uk

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

Full Story

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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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Legal Futures, 31st May 2024

Source: www.legalfutures.co.uk