The Children Act – Ian McEwan: a review – Family Law Week

Posted September 26th, 2014 in children, family courts, judges, news by tracey

‘Sarah E Green, solicitor at TLT, reviews Ian McEwan’s latest novel which concerns a High Court judge in the Family Division.’

Full story

Family Law week, 25th September 2014

Source: www.familylawweek.co.uk

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Simon Hughes: We want the best family justice – Ministry of Justice

Posted September 25th, 2014 in arbitration, civil justice, families, family courts, news by sally

‘The true sign of a civilised family justice system is to have more people resolve disputes outside the courts, Justice Minister Simon Hughes said today [24 September].’

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Ministry of Justice, 24th September 2014

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

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Court to decide on domestic abuse legal aid challenge – BBC News

Posted September 19th, 2014 in domestic violence, evidence, family courts, legal aid, news, victims by tracey

‘The High Court is due to decide whether to allow a challenge to rules that determine whether victims of domestic abuse get legal aid in family cases.’

Full story

BBC News, 19th September 2014

Source: www.bbc.co.uk

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Bar Council report claims LASPO 2012 damages access to justice – The Bar Council

Posted September 18th, 2014 in barristers, civil justice, costs, delay, family courts, legal aid, litigants in person, reports by tracey

‘The Bar Council has today published a report, based on interviews and a survey of legal practitioners, assessing the impact of the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) 2012 on our system of justice a year after implementation in April 2013.’

Full report

The Bar Council, 18th September 2014

Source: www.barcouncil.org.uk

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In re X (Adopted Child: Access to Court File) – WLR Daily

Posted September 15th, 2014 in adoption, birth certificates, disclosure, family courts, grandparents, law reports by tracey

In re X (Adopted Child: Access to Court File)[2014] EWFC 33; [2014] WLR (D) 390

‘Since FPR 2010 r 14.24 was not subject to the qualification that it applied only “in exceptional circumstances” there was nothing which required the same approach to apply in the case of an application under rule 14.24 (or its predecessors) as applied in the case of an application under section 79(4) of the Adoption and Children Act 2002 although, given the context, an application under rule 14.24 should always be approached with an appropriate degree of caution.’

WLR Daily, 9th September 2014

Source: www.iclr.co.uk

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Woman wins permission to look at late father’s adoption files – The Guardian

Posted September 10th, 2014 in adoption, birth certificates, disclosure, documents, family courts, grandparents, news by sally

‘A woman has been granted permission to look at court files relating to her father’s adoption to discover the identity of her grandmother, in a ground-breaking judgment that sets a precedent for revealing secret family histories.’

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The Guardian, 9th September 2014

Source: www.guardian.co.uk

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Family courts unfair for litigants in person, MPs told – Law Society’s Gazette

Posted September 5th, 2014 in budgets, family courts, legal aid, litigants in person, news, select committees by tracey

‘Litigants in person are not getting fair hearings, the Common’s Justice Committee heard this morning.’

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Law Society’s Gazette, 2nd September 2014

Source: www.lawgazette.co.uk

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Legal aid cut for family courts ‘damaging’ for children – BBC News

Posted September 2nd, 2014 in children, delay, family courts, legal aid, litigants in person, news by sally

‘Children are being damaged by the rising number of estranged couples representing themselves in family court battles, a former judge has claimed.’

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BBC News, 2nd September 2014

Source: www.bbc.co.uk

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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.’

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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.’

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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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