What’s happened since the Family Justice Review: a brighter future for family justice – Ministry of Justice

Posted August 21st, 2014 in civil justice, family courts, reports by tracey

‘This update from the government sets out the progress made since the family justice review was published in 2011.’

Full update

Ministry of Justice, 20th August 2014

Source: www.justice.gov.uk

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Consultation: High Court Family Orders – Judiciary of England and Wales

Posted August 20th, 2014 in consultations, family courts, press releases by tracey

‘Mr Justice Mostyn and his team have produced the third batch of proposed standard form orders for discussion and comment.The President and Mr Justice Mostyn will very much welcome and value comments from as many people as possible.’

Full press release

Judiciary of England and Wales, 19th August 2014

Source: www.judiciary.gov.uk

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Consultation: Family Transparency – The next steps – Judiciary of England and Wales

Posted August 20th, 2014 in consultations, family courts, pilot schemes, practice directions by tracey

‘This consultation, on behalf of the President of the Family Division, Sir James Munby, invites comments on the next steps of the Transparency reform.’

Consultation

Judiciary of England and Wales, 19th August 2014

Source: www.judiciary.gov.uk

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Baby removed from mother at birth: a look at reporting restrictions orders – Halsbury’s Law Exchange

‘M, who was 24-years-old, was in the late stages of her first pregnancy (X County Council v M). She suffered from persecuting delusions including a belief that mental health services were “murderers” and would murder her and her unborn child. The local authority applied to the court for permission not to disclose to M the care plan for the removal of her baby at birth. They also applied for a reporting restrictions order. The Family Division held that despite the fact that both orders sought were draconian, the orders would be granted in the circumstances of the case.’

Full story

Halsbury’s Law Exchange, 14th August 2014

Source: www.halsburyslawexchange.co.uk

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Family system ‘woefully behind’ in treatment of vulnerable – Law Society’s Gazette

‘Family judges are to receive guidance on dealing more appropriately with children and other vulnerable witnesses.
The interim report of a working group set up by Sir James Munby, head of the Family Division, says the family system ‘lags woefully behind’ the criminal justice system in this regard.’

Full story

Law Society’s Gazette, 13th August 2014

Source: www.lawgazette.co.uk

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Should the press be able to report the evidence in a financial remedy case? – Halsbury’s Law Exchange

Posted August 13th, 2014 in divorce, evidence, family courts, media, news, reporting restrictions by sally

‘There was before the court a substantive hearing in respect of financial claims arising from divorce proceedings between a husband and wife (Cooper-Hohn v Hohn). The issue of reporting of the proceedings arose and the necessary application was made on behalf of the media.’

Full story

Halsbury’s Law Exchange, 12th August 2014

Source: www.halsburyslawexchange.co.uk

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President of Family Division suggests courts should cover costs where legal aid cuts may impact access to justice – The World of Family Law (Garden Court Chambers)

‘Rachael Rowley-Fox explores the suggestion made by Sir James Munby, the President of the Family Division, that courts should spend money to ensure that justice is done in the wake of the legal aid cuts.’

Full story

The World of Family Law (Garden Court Chambers), 8th August 2014

Source: www.gcfamily.wordpress.com

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Top judge authorises court to cover legal aid in challenge to government – The Guardian

‘One of the most senior judges in England and Wales has thrown down a direct challenge to the government over legal aid by suggesting courts spend money in defiance of Ministry of Justice cuts to ensure justice is done.’

Full story

The Guardian, 6th August 2014

Source: www.guardian.co.uk

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Should children give evidence in family proceedings? – Halsbury’s Law Exchange

‘The case concerned a five-year-old boy. The appellant, his father, had applied for contact. The mother had opposed, alleging violence and so a fact finding hearing was ordered. The mother wanted her 13-year-old daughter, from a different relationship, to give evidence about some of the alleged incidents. That child had never been asked about the incidents and had to date given no account, whether by an Achieving Best Evidence (ABE) interview or otherwise. The judge ordered Cafcass to meet with this child to explore matters further – in particular, whether that child should answer questions put to her in writing and/or give live evidence at the hearing. The father appealed that decision. After the hearing and before the father obtained a stay, Cafcass met the child. Cafcass recommended that the questions should be reworded and reduced in number and also that the child “should not be compelled to provide live evidence” and/or “subjected to live cross-examination”.’

Full story

Halsbury’s Law Exchange, 6th August 2014

Source: www.halsburyslawexchange.co.uk

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President of Family Division hits out at non-compliance with court timetables – Local Government Lawyer

Posted August 1st, 2014 in case management, delay, family courts, news by sally

‘The President of the Family Division has fired another warning to parties in cases in the Family Court that they are not permitted to amend a timetable fixed by the court without the prior approval of the court.’

Full story

Local Government Lawyer, 31st July 2014

Source: www.localgovernmentlawyer.co.uk

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Legal aid cuts have left family courts ‘at breaking point’ – The Guardian

‘The family courts system is at breaking point due to delays caused by unrepresented litigants and overstretched judges, according to the body that represents lawyers and professionals in divorce hearings.’

Full story

The Guardian, 29th July 2014

Source: www.guardian.co.uk

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Reviewing Findings of Fact in Care Proceedings – Family Law Week

Posted July 29th, 2014 in care orders, evidence, family courts, news by sally

‘Jennifer Kotilaine, barrister, of 42 Bedford Row considers the President’s endorsement of the three-stage test in Re ZZ [2014] EWFC 9.’

Full story

Family Law Week, 28th July 2014

Source: www.familylawweek.co.uk

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Children to get a greater voice in family courts – Law Society’s Gazette

Posted July 29th, 2014 in children, family courts, news by sally

‘Children aged 10 and over caught up in family hearings will be able to tell judges their thoughts and feelings on the cases affecting them, the justice minister has announced.’

Full story

Law Society’s Gazette, 28th July 2014

Source: www.lawgazette.co.uk

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Children will be seen and heard in Family Courts – Ministry of Justice

Posted July 25th, 2014 in children, dispute resolution, family courts, press releases by tracey

‘Children will be given a greater voice in the family justice system so they can tell judges how they feel and what they think about the family disputes they are involved in.’

Full press release

Ministry of Justice, 25th July 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

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Applications Without Notice: A Practitioner’s Guide – Family Law Week

Posted July 22nd, 2014 in case management, children, family courts, freezing injunctions, news by sally

‘Rodney Noon, solicitor, provides a detailed review of the law and practice of – and the court’s attitude to – without notice applications in family proceedings.’

Full story

Family Law Week, 17th July 2014

Source: www.familylawweek.co.uk

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Applications Without Notice: A Practitioner’s Guide – Family Law Week

Posted July 18th, 2014 in children, family courts, freezing injunctions, news by tracey

‘Rodney Noon, solicitor, provides a detailed review of the law and practice of – and the court’s attitude to – without notice applications in family proceedings.’

Full story

Family Law Week, 17th July 2014

Source: www.familylawweek.co.uk

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19,000 more parents in child cases with no lawyer – BBC News

‘More than 19,000 more parents appeared in civil courts with no lawyer in cases about children, in the year after legal aid cuts, it has emerged.’

Full story

BBC News, 16th July 2014

Source: www.bbc.co.uk

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Unintended consequences of family justice reform – Family Law Week

‘Byron James, barrister, Fourteen considers some of the less publicised consequences of the reform of the family justice system.’

Full story

Family Law Week, 27th June 2014

Source: www.familylawweek.co.uk

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Thousands of mothers have multiple babies removed – BBC News

‘Thousands of mothers over the past seven years have had successive children removed by family courts in England, the BBC has learned.’

Full story

BBC News, 23rd June 2014

Source: www.bbc.co.uk

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In re ZZ (Children) – WLR Daily

Posted June 19th, 2014 in appeals, care orders, children, family courts, law reports by sally

In re ZZ (Children) [2014] EWFC 9; [2014] WLR (D) 256

‘The court’s approach to a review fact-finding hearing applied whether the issue arose before the same judge or a different judge, whether in the same or different proceedings, and whether in relation to the same or different children; different approaches were not called for in different forensic contexts although the application of the general approach in any particular case would reflect the circumstances of that case.’

WLR Daily, 12th June 2014

Source: www.iclr.co.uk

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