Defining “family graves” – Re Blagdon revisited (I) – Law & Religion UK

Posted March 29th, 2023 in burials and cremation, Christianity, families, family courts, news by sally

‘In Re Blagdon Cemetery [2002] Fam 299, the Arches Court reviewed the circumstances under which burial in a “family grave” might be considered as an exception to the general presumption of permanence of Christian burial arising from the initial act of interment.’

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Law & Religion UK, 28th March 2023

Source: lawandreligionuk.com

‘Wrong people, time and attitude’: Society’s warning over mediation reforms – Law Society’s Gazette

Posted March 24th, 2023 in children, dispute resolution, divorce, families, family courts, Law Society, news by tracey

‘Compulsory mediation could force the wrong people into a process at the wrong time with the wrong attitude, the Law Society has warned in response to government plans to get more family disputes resolved away from court.’

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Law Society's Gazette, 24th March 2023

Source: www.lawgazette.co.uk

Plans to protect children under under new mediation reforms – Ministry of Justice

‘Thousands of children could be protected from witnessing their parents thrash out family disputes through the courts, following plans to mandate mediation for separating families announced today (23 March 2023).’

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Ministry of Justice, 23rd March 2023

Source: www.gov.uk

Separating parents could be forced to go to mediation under Raab plans – The Guardian

‘Thousands of children in England and Wales could be protected from witnessing their parents pitted against each other in the courts under proposals to legally enforce mediation for separating families.’

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The Guardian, 23rd March 2023

Source: www.theguardian.com

Judge excoriates “shameless” family case with costs of £5.5m – Legal Futures

‘A family court judge has described a case where the two parties racked up costs of £5.5m as “one of the most shameless pieces of litigation” he has ever seen.’

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Legal Futures, 20th March 2023

Source: www.legalfutures.co.uk

How the courts deal with financial remedies in a short marriage – Family Law Week

‘I recently fought a case where the parties divorced after eighteen months. There is no formal definition of a short marriage, but there are some benchmarks. The median marriage in the UK at the time of divorce was 12.3 years in 2021 for opposite-sex couples while the most common duration of marriage was 8 years. The figures are lower for same-sex couples who have only been able to divorce since 2015. On this basis, my case was likely to qualify as a short marriage.’

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Family Law Week, 13th March 2023

Source: www.familylawweek.co.uk

Is Sharing Caring? Disclosures from the Family Courts to Professional Regulators – UK Human Rights Blog

‘The Guardian newspaper reported the decision in Re X (Disclosure to Social Work England: Findings of Domestic Abuse) [2023] EWHC 447 (Fam) with the headline, “social worker who abused ex-partner loses fight to keep details from regulator”. Reading that one might instinctively think, “well, of course he lost”. For my part, when I read beyond the Guardian’s journalism and into Knowles J’s 67 paragraph judgment in this matter, I may also have thought “well, of course he lost”.’

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UK Human Rights Blog, 14th March 2023

Source: ukhumanrightsblog.com

Court of Appeal rejects claim by mother Family Court should not have made placement order after her lawyers withdrew at advanced stage – Local Government Lawyer

‘The Family Court did not act unfairly when a judge refused to adjourn an adoption case when the mother’s solicitors withdrew at a late stage, the Court of Appeal had decided.’

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Local Government Lawyer, 8th March 2023

Source: www.localgovernmentlawyer.co.uk

Tighter regulation of psychologists in family law cases up to MPs, says senior judge – The Guardian

Posted February 27th, 2023 in expert witnesses, families, family courts, judges, news, psychiatrists by sally

‘England’s most senior family court judge has advised there is a “need for rigour” and “clarity” when instructing psychologists to give expert evidence – but has stopped short of saying the family courts should never appoint those who are “unregulated”.’

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The Guardian, 26th February 2023

Source: www.theguardian.com

Senior judge issues guidance on instruction of un-regulated psychologists in Family Court – Local Government Lawyer

Posted February 24th, 2023 in expert witnesses, families, family courts, judges, news, psychiatrists by sally

‘The President of the Family Division has issued guidance on the instruction of un-regulated psychologists as experts in the Family Court.’

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Local Government Lawyer, 23rd February 2023

Source: www.localgovernmentlawyer.co.uk

Charities urge Justice Secretary Dominic Raab to guarantee better protection for women in Family Courts – Family Law

Posted February 21st, 2023 in cross-examination, domestic violence, family courts, harassment, news, victims by tracey

‘The Family Courts are failing survivors of domestic abuse, according to 28 leading women’s charities, solicitors and survivors. A letter signed by the group has been delivered to Secretary of State for Justice Dominic Raab today, calling for urgent action to stop the practice of perpetrators of domestic abuse from cross examining their victims in court.’

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Family Law, 20th February 2023

Source: www.familylaw.co.uk

Speech by the President of the Family Division: Parents with intellectual impairment in public law proceedings – the need to be alert – Courts & Tribunals Judiciary

Posted February 17th, 2023 in disabled persons, families, family courts, learning difficulties, news by tracey

“It is, I suspect, easy for those whose professional lives have started much more recently than mine (which I dare say includes most of this audience!) to assume that we have always understood intellectual impairment as we do now, and that we have always acted in the knowledgeable and sensitive way that we all strive to do. If that is your assumption, then you are, I am afraid, wrong as the following pair of anecdotes may demonstrate.”

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Courts & Tribunals Judiciary, 14th February 2023

Source: www.judiciary.uk

International Children Law Update: January 2023 – Family Law Week

Posted February 13th, 2023 in asylum, children, families, family courts, immigration, news by tracey

‘Jacqueline Renton and Mani Singh Basi, both barristers of 4 Paper Buildings, review the latest key decisions in international children law.’

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Family Law Week, 3rd February 2023

Source: www.familylawweek.co.uk

Relocation applications – tip and tricks for cases involving Australia – Family Law

Posted February 6th, 2023 in children, families, family courts, immigration, news by tracey

‘Leave to remove cases (also known as relocation applications) can be some of the most challenging cases that come before the family court. Whilst any family matter can and often does elicit highly charged emotions and a degree of uncertainty, within relocation cases, the court is required to consider an application focusing on a child’s best interests and ultimately produce a binary answer: should a child relocate or not?’

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Family Law, 3rd February 2023

Source: www.familylaw.co.uk

K v K – a retreat from progress in the family courts? – Family Law Week

Posted January 31st, 2023 in contact orders, domestic violence, family courts, news, victims by tracey

‘Dr Adrienne Barnett, Reader in Law, Brunel University, London, and Dr Charlotte Proudman, barrister at Goldsmith Chambers and director at Right to Equality, consider whether K v K [2022] EWCA Civ 468 favours the resolution of resource constraints over the safety and welfare of victims of domestic abuse.’

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Family Law Week, 30th January 2023

Source: www.familylawweek.co.uk

Pilot scheme begins aimed at opening up proceedings in family courts – The Independent

Posted January 31st, 2023 in family courts, media, news, pilot schemes, reporting restrictions by tracey

‘A pilot scheme has started which aims to throw a light on the workings of the family court system.’

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The Independent, 30th January 2023

Source: www.independent.co.uk

Children law update – Local Government Lawyer

Posted January 20th, 2023 in appeals, children, families, family courts, local government, news by tracey

‘Michael Jones discusses a wide range of recent children law rulings from the Court of Appeal and the Family Division.’

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Local Government Lawyer, 20th January 2023

Source: www.localgovernmentlawyer.co.uk

Media get the go-ahead to report family proceedings – Law Society’s Gazette

‘Journalists will be able to report on family court proceedings for the first time as part of a new pilot in a “big cultural change” to the Family Division. The hope is that the Transparency Reporting Pilot, to be conducted at three courts, will improve transparency and accountability.’

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Law Society's Gazette, 19th January 2023

Source: www.lawgazette.co.uk

Why are there so few registered psychologists working as expert witnesses in private law proceedings – Family Law Week

Posted January 20th, 2023 in expert witnesses, families, family courts, mental health, news, psychiatrists by tracey

‘Dr Mark Hardiman, Chartered Psychologist based in The Psychology Clinic of East Anglia. Alongside his work in public law, in recent years he has developed a special interest and practice relating to high conflict post separation parenting and private law psychological assessment.’

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Family Law Week, 18th January 2023

Source: www.familylawweek.co.uk

A mediator’s take on the Nuffield Family Justice Observatory’s latest report – Family Law

Posted January 16th, 2023 in children, dispute resolution, divorce, families, family courts, news by tracey

‘Another month, and the publishing of another detailed academic report considering the experiences of parents and their children who have been through a separation. This particular report, “Separating Families: Experiences of separation and support”, was published by the Nuffield Family Justice Observatory, with research carried out by University of Bristol. When the key findings first landed on my desk, I must say I was keen to delve into the detail having seen that the main focus of the programme of evidence was to increase understanding of private law proceedings in England and Wales, and in particular the types of support that families drew on to manage the process of separation without using the courts.’

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Family Law, 16th January 2023

Source: www.familylaw.co.uk