Family judge condemns 2,000-page bundle – Law Society’s Gazette

‘A family judge has expressed his disapproval at the ‘unwarranted expenditure’ in a case where a local authority breached Article 8 rights under the European Convention on Human Rights by taking an infant into care.’

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Law Society’s Gazette, 17th February 2017

Source: www.lawgazette.co.uk

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Mother who let her two boys sleep in her bed has them taken away by judge – Daily Telegraph

Posted February 13th, 2017 in adoption, children, family courts, news, private hearings, social services by sally

‘A mother who allowed her two children to sleep in her bed has had them taken away from her by a family court judge after social workers raised concerns.’

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Daily Telegraph, 12th February 2017

Source: www.telegraph.co.uk

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Violent abusers to be prevented from cross-examining ex-partners in court – The Guardian

‘Domestic violence victims will no longer face the threat of being interrogated by their former partners in court under proposed legislation.’

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The Guardian, 12th February 2017

Source: www.guardian.co.uk

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‘Conned trying to get my children back’ – BBC News

Posted February 13th, 2017 in custody, family courts, fees, Law Society, McKenzie friends, news by sally

‘Two parents fighting legal battles for custody of their children paid thousands of pounds to a company providing “McKenzie friends” – people with no legal training who assist in court. But they were badly let down.’

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BBC News, 13th February 2017

Source: www.bbc.co.uk

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Divorced parents who pit children against former partners ‘guilty of abuse’ – Daily Telegraph

Posted February 13th, 2017 in child abuse, children, divorce, family courts, news by sally

‘Divorced parents who “brainwash” their children against ex-partners are guilty of “abuse”, the head of the agency that looks after youngsters’ interests in family courts has said.’

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Daily Telegraph, 12th February 2017

Source: www.telegraph.co.uk

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DB v PB: a reminder of potential effect of maintenance agreements – Family Law Week

‘Michael Allum, Solicitor with The International Family Law Group LLP, considers the implications of maintenance agreements in financial remedies cases.’

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Family Law Week, 3rd February 2017

Source: www.familylawweek.co.uk

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The Electronic Divorce Filing Pilot: An opportunity missed or a new horizon opening up? – Family Law Week

‘Stuart Clark, Associate, and David Hodson, Partner, both of The International Family Law Group LLP, describe what is known, and ask some questions, of the MoJ’s latest initiative to facilitate an online divorce system.’

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Family Law Week, 7th February 2017

Source: www.familylawweek.co.uk

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Review of Practice Direction 12J FPR 2010 – Child Arrangement and Contact Orders: Domestic Violence and Harm – Courts and Tribunals Judiciary

‘Report to the President of the Family Division by The Hon. Mr. Justice Cobb.’

Full report

Courts and Tribunals Judiciary, 20th January 2017

Source: www.judiciary.gov.uk

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The Law Commission Report: Enforcement of Family Financial Orders – Enforcement or Variation? – Family Law Week

‘Joseph Rainer, barrister, Queen Elizabeth Building, analyses the implications of the Law Commission’s report Enforcement of Family Financial Orders.’

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Family Law Week, 19th January 2017

Source: www.familylawweek.co.uk

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Munby: video-links in family courts ‘a disgrace’ – Law Society’s Gazette

Posted January 24th, 2017 in courts, evidence, family courts, judges, news, victims, video recordings, witnesses by sally

‘The president of the Family Division has berated the state of equipment in family courts, including his own court in London’s Royal Courts of Justice.’

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Law Society’s Gazette, 23rd January 2017

Source: www.lawgazette.co.uk

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UK judges change court rules on child contact for violent fathers – The Guardian

‘Senior judges are taking steps to end the presumption that a father must have contact with a child where there is evidence of domestic abuse that would put the child or mother at risk.’

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The Guardian, 20th January 2017

Source: www.guardian.co.uk

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Practice guidance: Family Court – Duration of Ex Parte (Without Notice) Orders – Courts and Tribunals Judiciary

Posted January 19th, 2017 in courts, family courts, practice directions, press releases, time limits by tracey

‘Guidance issued by Sir James Munby, President of the Family Division on 18 January 2017.’

Full guidance

Courts and Tribunals Judiciary, 17th January 2017

Source: www.judiciary.gov.uk

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Truss orders review to ban abusers tormenting victims in family courts – The Guardian

‘The Justice Secretary has set up an emergency review to find the quickest way to ban perpetrators of domestic abuse from directly cross-examining their victims within the family court system.’

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The Guardian, 4th January 2017

Source: www.guardian.co.uk

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Statement from the President of the Family Division, Sir James Munby: Cross-examination of vulnerable people – Courts and Tribunals Judiciary

Posted January 4th, 2017 in cross-examination, family courts, press releases, victims, witnesses by tracey

‘I have been raising since 2014 the pressing need to reform the way in which vulnerable people give evidence in family proceedings. I have made clear my view that the family justice system lags woefully behind the criminal justice system.’

Full statement

Courts and Tribunals Judiciary, 30th December 2016

Source: www.judiciary.gov.uk

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Sharia courts have no place in UK family law. Listen to women who know – The Guardian

Posted December 14th, 2016 in families, family courts, islamic law, news, women by sally

‘There must be no religious arbitration in family matters. It leaves minority women vulnerable to control by fundamentalists.’

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The Guardian, 14th December 2016

Source: www.guardian.co.uk

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Syria couple win legal fight for care of children – BBC News

Posted December 12th, 2016 in children, custody, family courts, judgments, news, proscribed organisations, terrorism by sally

‘A Muslim couple arrested over fears that they were heading to Syria for “extremist activities” have won a court fight for the care of their children.’

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BBC News, 11th December 2016

Source: www.bbc.co.uk

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The ‘radical’ challenge – Counsel

‘When does the state have the right to interfere in family life on the basis of radical views held by family members? Damian Woodward-Carlton reports on the inherent difficulties arising in the family courts.’

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Counsel, December 2016

Source: www.counselmagazine.co.uk

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U v U – WLR Daily

Posted November 8th, 2016 in appeals, children, custody, family courts, law reports by sally

U v U

‘The parents of four children, two girls now aged 16 and 14 and two boys aged 12 and 6 years old, were married in Afghanistan in 1999 and came to the United Kingdom in 2000. They were all now British citizens. From 2011 the family experienced growing disagreement between the parents, and in 2012 the father married a second woman in secret which his wife did not know about until 2014. Following a number of incidents that year in which the police had sometimes been involved the father changed the locks to the marital home, the upshot being that the mother went to alternative accommodation with the three eldest children and the youngest boy stayed with the father and his second wife. By September 2014 the relationship between the parents had broken down. Proceedings in the case had been conducted before a High Court judge over some 14 hearings. At the first main fact-finding hearing in early 2015 in respect of child placement arrangements the judge made adverse findings against the mother including that she had caused the three older children emotional harm by her negative comments and outbursts against the father, that none of the mother’s allegations against the father justified ceasing contact between them and their father, and that the judge’s concern was to restore their relationship despite the mother’s resistance to contact between them and the father. The appointment of an expert psychiatrist from a well-known child health clinic was agreed between the parties to make an assessment of the family and also to offer therapy. The expert was able to achieve meetings between the three older children and the father, but unsupervised contact between the youngest child and the mother was not achieved until early 2016. At the latter contact session with the mother the child’s fringe was found to have been cut in a rough and ready manner. Each party blamed the other for the incident. It also emerged that the father had concealed a device on the child which recorded the conversation between the mother and the child. That showed that the mother had asked whether there was a new baby in the father’s house. At the welfare hearing in March 2016 the judge had four full reports from the expert who was also present and had made some recommendations, there was no CAFCASS officer’s report, the judge made further adverse findings against the mother including that she had cut the child’s hair, that she had assaulted the father and was unlikely to change her attitude towards him or that she would promote a positive relationship between the father and the three older children, that none of her allegations against the father had been proved, that at an earlier stage he had found that the three children had had an enjoyable holiday with the father in Barcelona but that they now refused to live with him because of the emotional harm caused by the mother’s attitude, and he concluded that the father was committed to the children, that the second wife was a force for good, that he was minded to order that all the children should live with the father but in the event only the older boy was ordered to reside with the father and the boy’s younger brother, noting that such an arrangement was contrary to the ordinary course for siblings to be in the same household. The mother appealed, contending that the welfare analysis was insufficient, that the older children’s wishes and feelings had not been properly considered and that a guardian should be appointed for their separate representation’

WLR Daily, 20th October 2016

Source: www.iclr.co.uk

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Negotiating in the Shadow of the Court: Mediation in parallel with litigation – Family Law Week

‘Madeleine Reardon, barrister of 1 King’s Bench Walk, considers the role of mediation in the course of family proceedings, practical issues arising therefrom and, in particular, confidentiality of the mediation process.’

Full story

Family Law Week, 27th October 2016

Source: www.familylawweek.co.uk

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Finance and Divorce Update October 2016 – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during September 2016.’

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Family Law Week, 23rd October 2016

Source: www.familylawweek.co.uk

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