Patel v Mirza: Illegal Cats and a Place of Repentance – Family Law Week

‘John Wilson QC of 1 Hare Court analyses a Court of Appeal judgment on the illegality defence which may prove very pertinent to cohabitation and financial remedy cases.’

Full story

Family Law Week, 15th April 2015

Source: www.familylawweek.co.uk

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CS v ACS and another – WLR Daily

CS v ACS and another [2015] EWHC 1005 (Fam); [2015] WLR (D) 171

‘The final sentence in paragraph 14.1 of Practice Direction 30A supplementing FPR Pt 30, stating that a consent order made by a district judge could be challenged only by way of an appeal, encroached on the right of a litigant in certain circumstances to apply to the court without first obtaining permission and was therefore ultra vires and should be treated as a nullity.’

WLR Daily, 16th April 2015

Source: www.iclr.co.uk

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Changes to the Divorce Process in England and Wales: Q&A – Family Law Week

‘HM Courts & Tribunals Service explain how the forthcoming changes will affect the divorce process in England and Wales.’

Full story

Family Law Week, 15th April 2015

Source: www.familylawweek.co.uk

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News focus: law and justice pledges – Law Society’s Gazette

‘The general election manifestos are in – here’s our quick-fire summary of their headline pledges on law and justice.’

Full story

Law Society’s Gazette, 20th April 2015

Source: www.lawgazette.co.uk

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Lack of representation ‘particularly unfair’ in emotive cases – Law Society’s Gazette

Posted April 17th, 2015 in family courts, legal representation, litigants in person, news by sally

‘A judge has stressed the importance of having lawyers in family court proceedings to prevent emotional self-represented litigants behaving in ways they might regret.’

Full story

Law Society’s Gazette, 15th April 2015

Source: www.lawgazette.co.uk

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Tower Hamlets London Borough Council v M and others – WLR Daily

Tower Hamlets London Borough Council v M and others [2015] EWHC 869 (Fam); [2015] WLR (D) 155

‘Since the removal of a passport, even on a temporary basis, was a very significant incursion into an individual’s freedom and personal autonomy such an order should not be made lightly and required the fullest unpartisan information to be put before the court. It had never to be forgotten that the court required a very high degree of candour on the part of all of those involved.’

WLR Daily, 27th March 2015

Source: www.iclr.co.uk

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Judge sets out approach to cases where risk of children travelling to ISIS countries – Local Government Lawyer

‘A judge has set out a number of core principles relevant to cases where it is proposed to make young people at risk of travelling to ISIS countries, and particularly Syria, wards of the High Court and remove their passports.’

Full story

Local Government Lawyer, 7th April 2015

Source: www.localgovernmentlawyer.co.uk

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Finance & Divorce Update – Family Law Week

Posted March 24th, 2015 in courts, divorce, family courts, financial provision, internet, news, reports, statistics by sally

‘Jessica Craigs, senior solicitor of Mills & Reeve LLP analyses the financial remedies and divorce news and cases from February 2015.’

Full story

Family Law Week, 22nd March 2014

Source: www.familylawweek.co.uk

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‘Arrange family court open days’ – judiciary – Law Society’s Gazette

Posted March 24th, 2015 in children, courts, family courts, legal education, news, reports, witnesses by sally

‘Family courts should have annual open days for children, a report from the judiciary recommends.’

Full story

Law Society’s Gazette, 23rd March 2015

Source: www.lawgazette.co.uk

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FAS v Bradford Metropolitan District Council and another – WLR Daily

Posted March 23rd, 2015 in adoption, children, citizenship, family courts, immigration, law reports by sally

FAS v Bradford Metropolitan District Council and another [2015] EWHC 622 (Fam); [2015] WLR (D) 128

‘It remained the case that the court would rarely make an adoption order when it would confer no benefits upon the child during its childhood but gave it a right of abode for the rest of its life. The proposition to that effect in In re B (A Minor) (Adoption Order: Nationality) [1999] 2 AC 136, 141–142, decided in the context of section 6 of the Adoption Act 1976 and the need to promote and safeguard the welfare of the child “throughout his childhood”, still applied despite the change in the welfare test effected by the Adoption and Children Act 2002, which now provided that the paramount (as opposed to the first) consideration was the child’s welfare “throughout his life”. Thus, where the court was in effect being asked to use adoption to confer citizenship prospectively upon an adult the courts were reluctant to trespass upon the area of the Home Secretary’s authority entrusted to him by Parliament.’

WLR Daily, 13th March 2015

Source: www.iclr.co.uk

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Final Report of the Vulnerable Witnesses and Children Working Group – Judiciary of England & Wales

‘Final Report of the Vulnerable Witnesses and Children Working Group.’

Full texts

Judiciary of England and Wales, 17th March 2015

Source: www.judiciary.gov.uk

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Court bundle sizes in care proceedings must be controlled – Park Square Barristers

Posted March 19th, 2015 in documents, family courts, news, practice directions by sally

‘In the recent case of Re L (A Child) [2015] EWFC 1, the president of the Family Division, Sir James Munby, reminded practitioners of the importance of following Practice Direction 27A when preparing court bundles in care proceedings, and keeping their size under control. ‘

Full story

Park Square Barristers, 12th March 2015

Source: www.parksquarebarristers.co.uk

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Sir James Munby, President of the Family Division, Practice Direction 27a and ‘the Delinquents’ – The World of Family Law (Garden Court Chambers)

Posted March 19th, 2015 in documents, family courts, news, practice directions by sally

‘All Family practitioners should now be familiar with the case of, In the matter of L (A Child) 2015 EWFC 15 (26 February 2015) FPR 2010. In summary this is about Practice Direction 27a – Family Proceedings: Court Bundles (universal practice to be applied in the High Court and Family Court). It provides guidance on court bundles that should be provided to a court for a hearing.’

Full story

The World of Family Law (Garden Court Chambers), 18th March 2015

Source: www.gcfamily.wordpress.com

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Specialist Family Drug and Alcohol Court is going nationwide – Halsbury’s Law Exchange

‘The Family Drug and Alcohol Court (FDAC), introduced by District Judge Crichton in 2007, has been piloted in London and successfully rolled out to Milton Keynes and Gloucestershire. The court aims to help parents struggling with alcohol or drug abuse where this features as a key element in a local authority’s decision to bring care proceedings.’

Full story

Halsbury’s Law Exchange, 17th March 2015

Source: www.halsburyslawexchange.co.uk

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Lawyers, Social Workers and the Proportionality Test – Family Law Week

‘David Bedingfield, barrister of 4 Paper Buildings, considers the President’s judgment in A (A Child) [2015] EWFC 11 and the lessons to be derived by practitioners.’

Full story

Family Law Week, 9th March 2015

Source: www.familylawweek.co.uk

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Family court hammers firm in compliance crackdown – Law Society’s Gazette

Posted March 5th, 2015 in civil procedure rules, costs, family courts, news by tracey

‘The family court has renewed a stern message to litigants that it will not tolerate non-compliance with court orders. The Honourable Mr Justice Keehan said practitioners must be made aware that poor practices pre-dating new Civil Procedure Rules should no longer be a feature of family litigation.’

Full story

Law Society’s Gazette, 4th March 2015

Source: www.lawgazette.co.uk

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Bar Council backs MoJ U-turn on funding for DNA parentage testing – The Bar Council

Posted February 27th, 2015 in DNA, family courts, legal aid, paternity, press releases by tracey

‘The Ministry of Justice’s decision to reinstate funding for DNA tests that determine parentage in family court cases was the right thing to do, says the Bar Council after Justice Minister Simon Hughes announced funds for between £500,000 and £1m a year to pay for tests.’

Full press release

The Bar Council, 23rd February 2015

Source: www.barcouncil.org.uk

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President of Family Division inveighs against social engineering in adoption proceedings – UK Human Rights Blog

Posted February 25th, 2015 in adoption, care orders, children, custody, drug abuse, families, family courts, human rights, news by sally

‘In a scathing judgment, the president of the Family Division has condemned as “social engineering” a local authority’s application to remove a baby boy permanently from the care of his father and place him for adoption.’

Full story

UK Human Rights Blog, 25th February 2015

Source: www.ukhumanrightsblog.com

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Law in Tesco (not Tesco law) – The Future of Law

‘Family proceedings involving children where neither parent had legal representation, increased by 30% in the family court in 2013-14, revealed the National Audit Office last year in a report on legal aid.’

Full story

The Future of Law, 20th February 2015

Source: www.blogs.lexisnexis.co.uk

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Finance & Divorce Update – Family Law Week

‘Jessica Craigs, senior solicitor of Mills & Reeve LLP analyses the financial remedies and divorce news and cases from January 2015.’

Full story

Family Law Week, 19th February 2015

Source: www.familylawweek.co.uk

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