Randhawa v Randhawa: set aside of Decree Absolute on the finding of forged divorce document – Family Law

Posted April 29th, 2022 in divorce, families, family courts, forgery, married persons, news, service, setting aside by tracey

‘The case of Randhawa v Randhawa (Divorce: Decree Absolute, Set Aside, Forgery) [2022] EWFC B7 which came before HHJ Moradifar is most definitely an interesting case, and whilst the facts of this case might not represent many family situations, with increasing numbers of international couples, the issue of whether a divorce is valid is far more common than many think.’

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Family Law, 28th April 2022

Source: www.familylaw.co.uk

Some practical pitfalls with England’s new divorce law – Family Law

Posted April 29th, 2022 in divorce, families, family courts, marriage, married persons, news by tracey

‘From 6 April 2022 England and Wales has a new divorce law, so-called no-fault. It is the most significant divorce law change since 1969. It introduces an entirely new basis of obtaining a divorce and a new timetable. It will have different consequences for the applicant and the respondent. It allows joint petitions and joint applications for the final divorce. Service will be invariably by email as default service method. In any event, divorce itself is now an almost entirely online process. Nevertheless, however welcome this new law, there are significant flaws in its operation and application, particularly with the adverse impact on the respondent. This note looks at some of these pitfalls in practice.’

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Family Law, 28th April 2022

Source: www.familylaw.co.uk

Woman sentenced to 20 years in prison over death of asthmatic son – The Guardian

‘A heroin addict convicted of fatally neglecting her seven-year-old son, who died alone in a garden from an asthma attack, has been jailed for 20 years.’

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The Guardian, 28th April 2022

Source: www.theguardian.com

Re H [2022]EWFC 10: Guidance in Learning Disability Cases – Transparency Project

‘The Good Practice Guidance for working with parents with a learning disability was first published in 2007 by the Department of Health / Department for Education and Skills. Fifteen years and two revisions later, awareness of it remains patchy. In Re H [2022] EWFC 10 (19 January 2022), where the mother’s learning disability was a central feature of the case, the children’s social worker admitted that she was unfamiliar with the Guidance.’

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Transparency Project, 26th April 2022

Source: transparencyproject.org.uk

The “unduly harsh” test considered further by Court of Appeal – EIN Blog

‘The question of how to determine whether or not the deportation of a foreign national convicted of criminal offending is a disproportionate interference in the family life that they may share with their partner or child has been explored in a series of cases, including the leading decisions of KO (Nigeria) (Appellant) v Secretary of State for the Home Department [2018] UKSC 53 and HA (Iraq) [2020] EWCA Civ 1176 and has been discussed in detail on the UK Human Rights blog here, here and here.’

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EIN Blog, 26th April 2022

Source: www.ein.org.uk

Social workers failed to act quickly to protect neglected toddler, inquiry says – The Guardian

‘Social workers failed to act to protect a vulnerable toddler less than three weeks before she was hospitalised with a broken arm, despite warnings that she was neglected and at risk of harm, an inquiry report has concluded.’

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The Guardian, 26th April 2022

Source: www.theguardian.com

The Observer view on failures of the child protection system – The Guardian

‘Two decades after the Victoria Climbié case led to an inquiry, recent deaths show we have learned little from such tragedies.’

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The Guardian, 24th April 2022

Source: www.theguardian.com

James Watson found guilty of murdering Rikki Neave in 1994 – The Guardian

Posted April 22nd, 2022 in child cruelty, children, DNA, families, forensic science, murder, news, young offenders by sally

‘A 41-year-old man described as a “fantasist” and a “monster” has been found guilty of the murder of the schoolboy Rikki Neave, who was found strangled in woods near Peterborough nearly 28 years ago.’

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The Guardian, 21st April 2022

Source: www.theguardian.com

Stephen Port victims’ families ‘sceptical’ of police reforms – The Independent

‘A lawyer representing the victims of Stephen Port has said they remain sceptical about proposed policing reforms to how unexplained deaths are reported.’

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The Independent, 21st April 2022

Source: www.independent.co.uk

Logan Mwangi: mother, stepfather and unnamed teen found guilty of murder – The Guardian

‘A five-year-old boy was murdered by his mother, stepfather and a 14-year-old youth after months of abuse and imprisonment in the “dungeon” of his small, dark bedroom, a jury has found.’

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The Guardian, 21st April 2022

Source: www.theguardian.com

Nothing wrong with ‘light smack on arm’, says education secretary as he rejects smacking ban – The Independent

Posted April 21st, 2022 in children, corporal punishment, families, news by sally

‘Education secretary Nadhim Zahawi has rejected a call by England’s Children’s Commissioner to ban smacking – saying there was nothing wrong with a “light smack on the arm”.’

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The Independent, 21st April 2022

Source: www.independent.co.uk

Leeds burger van’s Madeleine McCann posts ruled offensive – BBC News

Posted April 20th, 2022 in advertising, children, complaints, families, missing persons, news, ombudsmen by sally

‘Adverts by a takeaway firm featuring Madeleine McCann were likely to cause distress and offence, the Advertising Standards Authority (ASA) has ruled.’

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BBC News, 20th April 2022

Source: www.bbc.co.uk

Financial Remedy Update, April 2022 – Family Law Week

Posted April 14th, 2022 in children, divorce, families, family courts, financial provision, news by tracey

‘Stephanie Hawthorn, Abigail Pearse and Victoria Potts, associates, and Holly Morrison-Carter, trainee, at Mills & Reeve LLP consider the most important news and case law relating to financial remedies and divorce during March 2022.’

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Family Law Week, 13th April 2022

Source: www.familylawweek.co.uk

Treat family separations “as transactions, not litigation” – Legal Futures

Posted April 14th, 2022 in costs, dispute resolution, divorce, families, family courts, judges, news by tracey

‘Family separation cases should “operate in a transactional way, as with conveyancing, rather than under the banner of litigation”, the chair of the Family Solutions Group has argued.’

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Legal futures, 14th April 2022

Source: www.legalfutures.co.uk

Apocalypse now? Judge stunned at £8m divorce costs – Law Society’s Gazette

Posted April 13th, 2022 in costs, divorce, families, family courts, financial dispute resolution, judges, news by tracey

‘A High Court judge has called for a cap on costs in family cases after describing the “apocalyptic” state of expensive divorce proceedings.’

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Law Society's Gazette, 13th April 2022

Source: www.lawgazette.co.uk

David Fuller: Head of inquiry says investigations will be ‘thorough’ – BBC News

Posted April 12th, 2022 in families, hospitals, inquiries, murder, news, sexual offences, victims, witnesses by tracey

‘The man leading the independent inquiry into David Fuller’s “awful” mortuary abuses said those who do not cooperate will be publicly named.’

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BBC News, 11th April 2022

Source: www.bbc.co.uk

Ombudsman raps council for using incorrect information to place child on protection plan – Local Government Lawyer

Posted April 11th, 2022 in children, complaints, families, local government, news, ombudsmen, social services by tracey

‘Buckinghamshire Council caused significant distress after it shared incorrect information and failed to suitably include a mother in its process when deciding to place her child on a child protection plan, the Local Government and Social Care Ombudsman has found.’

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Local Government Lawyer, 11th April 2022

Source: www.localgovernmentlawyer.co.uk

Financial Provision for Adult Children: What Constitutes a ‘Special Circumstance’ under Schedule One after UD v DN [2021] EWCA Civ 1947, [2021] 1 WLR 595 – Family Law Week

Posted April 11th, 2022 in appeals, children, divorce, families, financial provision, news, trusts by tracey

‘Zoe Harrison, pupil barrister at One King’s Bench Walk, explores Moylan LJ’s judgment and its focus on the importance of dependence.’

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Family Law Week, 29th March 2022

Source: www.familylawweek.co.uk

Testamentary Capacity: Hughes v Pritchard in the Court of Appeal – St John’s Buildings

Posted April 8th, 2022 in appeals, chambers articles, evidence, expert witnesses, families, news, probate, wills by sally

‘In Hughes v Pritchard and others [2022] EWCA Civ 386, the Court of Appeal overturned the decision of the trial judge in a probate claim (see Hughes v Pritchard and others [2021] EWHC 1580 (Ch)) that a testator lacked testamentary capacity, concluding that the judge’s findings on that subject were “not open to him on the evidence”.’

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St John's Buildings, 4th April 2022

Source: stjohnsbuildings.com

Family Law Newsletter #57 – Spire Barristers

Posted April 8th, 2022 in chambers articles, families, family courts, news by sally

‘Issue #57 of Spire Barristers’ Family Law Newsletter: edited by Gemma Carr and Georgina Dalton; news and Case Reviews by Eleanor Suthern.’

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Spire Barristers, 31st March 2022

Source: spirebarristers.co.uk