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.’

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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. ‘

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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.’

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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.’

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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.’

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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.’

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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.’

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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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DNA tests to cut courtroom battles – Ministry of Justice

Posted February 18th, 2015 in delay, divorce, DNA, family courts, news by sally

‘DNA tests in family courts will be provided across England from later this year, Justice Minister Simon Hughes has announced.’

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Ministry of Justice, 17th February 2015

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

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Family Drug and Alcohol Courts to be extended in England – BBC News

Posted February 18th, 2015 in alcohol abuse, drug abuse, families, family courts, news by sally

‘Courts which help parents deal with drug or alcohol addiction so they can keep their children are to be opened in more areas of England.’

Full story

BBC News, 18th February 2015

Source: www.bbc.co.uk

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Family court judges given power to order DNA tests – BBC News

Posted February 17th, 2015 in DNA, family courts, news, parental responsibility, paternity, pilot schemes by sally

‘Family court judges in England will be able to order DNA tests to determine a child’s parentage from September, Justice Minister Simon Hughes has said.’

Full story

BBC News, 17th February 2015

Source: www.bbc.co.uk

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Something must be done – will a partial return to Calderbank fit the Bill (or at least reduce it)? – Family Law Week

Posted February 16th, 2015 in costs, divorce, families, family courts, financial provision, news by sally

‘Tom Wilson, pupil at 1 Garden Court Family Law Chambers, examines the possibility of a partial re-introduction of the Calderbank offer.’

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Family Law Week, 12th February 2015

Source: www.familylawweek.co.uk

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Schedule 1 to The Children Act 1989: Not Just for Wags – Family Law Week

‘Anita Mehta, barrister of Crown Office Row, Brighton, argues that Schedule 1 to the Children Act 1989 applications should not be regarded as the domain of footballers’ girlfriends or the uber-wealthy but as a powerful tool for meeting children’s needs in a wide variety of cases.’

Full story

Family Law Week, 6th February 2015

Source: www.familylawweek.co.uk

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Financial Remedies Working Group final report – Judiciary.gov.uk

‘The Financial Remedies Working Group (“the group”) was established by the President of the Family Division in June 2014. It has been chaired by Nicholas Mostyn J and Stephen Cobb J.

The group produced an interim report on 31 July 2014, making a number of recommendations. This final report should be read in conjunction with that interim report.’

Final report

Judiciary of England and Wales, 28th January 2015

Source: www.judiciary.gov.uk

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Male circumcision can be part of “reasonable parenting”, but no form of FGM is acceptable – Family Court – UK Human Rights Blog

Posted January 19th, 2015 in children, expert witnesses, family courts, female genital mutilation, news by tracey

‘B and G (Children) (No.2) [2015] EWFC 3. Contemplating the details of different forms of female genital mutilation is not for the faint hearted. But that is what the courts and the relevant experts have to do, not only to protected alleged victims but to defend the interests of those suspected of perpetuating the procedure, whether it is a question of criminal liability under the FGM Act 2003, or determining that a threshold of harm has been passed so as to initiate care proceedings if the victim is a child.’

Full story

UK Human Rights Blog, 18th January 2015

Source: www.ukhumanrightsblog.com

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