K v K – a retreat from progress in the family courts? – Family Law Week

Posted January 31st, 2023 in contact orders, domestic violence, family courts, news, victims by tracey

‘Dr Adrienne Barnett, Reader in Law, Brunel University, London, and Dr Charlotte Proudman, barrister at Goldsmith Chambers and director at Right to Equality, consider whether K v K [2022] EWCA Civ 468 favours the resolution of resource constraints over the safety and welfare of victims of domestic abuse.’

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Family Law Week, 30th January 2023

Source: www.familylawweek.co.uk

Problems with interim contact in private law disputes – Family Law Week

Posted October 28th, 2022 in children, contact orders, families, family courts, news by tracey

‘Many private law practitioners feel frustration about the significant disparity in contact arrangements between children in private and public proceedings. Sadly, this has long been the case: I last wrote an article about this in 2019 (One act, 2 Regimes: why? Family Law Week 17th December 2019) and cannot say that matters have moved on or changed meaningfully. As I set out in that article, there is no justification legally for courts to apply Children Act considerations varyingly. The problem here lies not with the law but in the practice.’

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Family Law Week, 21st October 2022

Source: www.familylawweek.co.uk

Re A (A CHILD) (supervised contact) (s91(14) Children Act 1989 orders) [2021] EWCA Civ 174 – Family Law

Posted January 17th, 2022 in appeals, children, contact orders, families, news by tracey

‘Maria Scotland appeared for the appellant in the recently reported case of Re A (A CHILD) (supervised contact) (s91(14) Children Act 1989 orders) [2021] EWCA Civ 174. In this article, Maria discusses the guidance that this case offers in relation to supervised contact and updating the Re P guidance on the making of a s.91(14) order.’

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Family Law, 12th January 2022

Source: www.familylaw.co.uk

Parental alienation in practice – Transparency Project

Posted September 9th, 2021 in child arrangements orders, children, contact orders, divorce, news by sally

‘It is not uncommon to hear the phrase “parental alienation” in family courts in England and Wales. It is a term used to describe all manner of sins, ranging from minor parenting disputes to broad, unmitigated emotional and psychological harm to children. There has been much, and continues to be much, use of the phrase in discussions around the various issues facing the family courts and the appropriateness of the judicial remedies available to counteract it.’

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Transparency Project, 7th September 2021

Source: www.transparencyproject.org.uk

W (Children): judge’s recusal does not indicate bias – Transparency Project

Posted December 21st, 2020 in appeals, bias, children, contact orders, families, judges, news, recusal by sally

‘Reading the case name W (Children: Reopening/recusal) I assumed that this would be another of those applications by a party, invariably the father, for the recusal of the judge in a children application, on the basis of alleged bias.’

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Transparency Project, 18th December 2020

Source: www.transparencyproject.org.uk

Family Law Newsletter #41 – Spire Barristers

‘Issue #41 of Spire Barristers’ Family Law Newsletter: edited by Connie Purdy and Taz Irshad; news and Case Reviews by Francesca Massarella.’

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Spire Barristers, 19th November 2020

Source: spirebarristers.co.uk

Lockdown 2: how does it affect child contact? – Family Law

Posted November 5th, 2020 in children, contact orders, coronavirus, news, regulations by tracey

‘No sooner had clarity been obtained as to how child contact would work within and across the tier system, than the government announced its suspension in England. From 5 November 2020, a 4-week lockdown will begin. Thankfully though, the position on child contact is very much clearer this time around.’

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Family Law, 4th November 2020

Source: www.familylaw.co.uk

Public law children case update: contact, nationality and stays – Local Government Lawyer

‘Georgina Dalton summarises the latest public law children rulings, covering issues such as contact during care, changing the nationality of children in care, and practice on granting short-term stays.’

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Local Government Lawyer, 18th September 2020

Source: www.localgovernmentlawyer.co.uk

Family Law Newsletter – Spire Barristers

Posted August 27th, 2020 in care orders, children, citizenship, contact orders, coronavirus, news by sally

‘Issue #37 of Spire Barristers’ Family Law Newsletter: edited by Connie Purdy and Taz Irshad; news and Case Reviews by Georgina Dalton. Georgina commences pupillage at Spire Barristers in September 2020.’

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Spire Barristers, 26th August 2020

Source: spirebarristers.co.uk

The magic soup stone strikes again (more new authorities about remote hearings) – Transparency Project

‘[T]here are two new remote hearing related judgments out :

A Local Authority v Mother & Ors [2020] EWHC 1086 (Fam) and Re Q [2020] EWHC 1109 (Fam).’

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Transparency Project, 7th May 2020

Source: www.transparencyproject.org.uk

Immigration Status of a Parent in an Application for a Child Arrangements Order by Lucy Coen – Broadway House Chambers

‘There can often be an interplay between family and immigration proceedings. This article seeks to give some guidance to family practitioners when the immigration status of a parent in contact proceedings is a live issue.’

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Broadway House Chambers, 19th March 2020

Source: broadwayhouse.co.uk

Parental Alienation: An Example Where The Alienator Succeeds and Guidelines As to How to Minimise it Happening – Becket Chambers

‘The case of Re A (Children) (Parental Alienation) 2019 EWFC demonstrates clearly the shortcomings of the Family Court to ensure that all children, wherever possible, enjoy a relationship with both of his or her parents. The position of the courts with regard to ordering no direct contact with the absent parent, is that it is a very serious step to take, and should only be taken where it is plainly not in the welfare best interests of the child.’

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Becket Chambers, 2nd March 2020

Source: becket-chambers.co.uk

Parental Contact – Private v Public Law Proceedings – Parklane Plowden Chambers

Posted February 11th, 2020 in chambers articles, children, contact orders, news, parental rights by sally

‘When considering applications relating to children, the courts are led by Section 1 of the Children’s Act 1989 (CA), in that the welfare of a child is to be the paramount consideration when making decisions about the child’s future. S 1(3) provides clear factors which a court must have regard to. These form the basis upon which decisions relating to children are made.’

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Parklane Plowden Chambers, 5th February 2020

Source: www.parklaneplowden.co.uk

Contact, Ultra-Orthodox Judaism, and a Transgender Parent – Transparency Project

Posted January 29th, 2020 in children, contact orders, Judaism, news, transgender persons by sally

‘Readers of the blog may well recall the case concerning five Charedi Jewish children at the centre of a family dispute. The children’s father is transgender and left the family home in June 2015 to live as a transgender person. She now lives as a woman. The children’s father sought face to face contact with the children. The childrens’ mother opposed the application.’

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Transparency Project, 28th January 2020

Source: www.transparencyproject.org.uk

Transgender woman ends bid to see her ultra-Orthodox Jewish children – The Guardian

Posted January 21st, 2020 in children, contact orders, Judaism, news, transgender persons by sally

‘An ultra-Orthodox Jew who left her community to transition from male to female has abandoned a family court fight to see her five children.’

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The Guardian, 20th January 2020

Source: www.theguardian.com

Striking the Right Balance – Contact for Infants in Care – Pallant Chambers

Posted November 28th, 2019 in care orders, contact orders, news by sally

‘Removing a child from the care of their birth parents is a drastic measure that can be very traumatic, perhaps even more so when the child is a new-born baby. This was acknowledged by Munby J (as he then was) in Re K [2008] EWHC 540 (Fam) where he held that “it was a very drastic thing indeed to interfere with a young mother’s contact with her new-born baby and his contact with her, particularly at a time when ‘threshold’ (s 31 (2) of the 1989 Children Act) is yet to be established.”’

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Pallant Chambers, 26th November 2019

Source: www.pallantchambers.co.uk

Parental alienation: treading a treacherous path – Family Law

Posted November 14th, 2019 in contact orders, divorce, news, parental responsibility by tracey

‘A Bristol judge has decided to publish his decision in an exceptional case of parental alienation.’

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Family Law, 14th November 2019

Source: www.familylaw.co.uk

Children: Private Law Update (Autumn 2019) – Family Law Week

Posted October 18th, 2019 in appeals, children, contact orders, costs, evidence, family courts, identification, news, paternity by tracey

‘Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.’

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Family Law Week, 13th October 2019

Source: www.familylawweek.co.uk

The 1COR Quarterly Medical Law Review – Summer 2019 – Issue 2 – 1COR

‘Welcome to the second issue of the Quarterly Medical Law Review, brought to you by barristers at 1 Crown Office Row. This quarterly publication aims to provide summaries and comment on recent cases in medical law, including clinical negligence, regulatory, and inquests.’

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1COR, 7th August 2019

Source: www.1cor.com

Change of residence – do we listen to children? – Transparency Project

Posted September 2nd, 2019 in child arrangements orders, children, contact orders, news, residence orders by sally

‘”Change of residence” in the context of a child arrangements order (a reform that was supposed to get rid of the ‘win-lose’ concept of residence and contact before 2014) is quite a cold, technical term to describe a child having to move from one household to another.’

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Transparency Project, 30th August 2019

Source: www.transparencyproject.org.uk