Category: family courts

No anonymity for contempt against family court – Transparency Project

Posted June 6th, 2023 in anonymity, contempt of court, defamation, domestic violence, employment, family courts, news, police by sally

‘The decision in EBK v DLO [2023] EWHC 1074 (Fam) was reported in the local press as “Royal marine fails in contempt proceedings against ex-partner”. The case involved a lengthy history of disputes over contact, allegations of domestic abuse, employment sanctions, and defamation actions taken against the police and Cafcass. Here, we look at important points on transparency that emerged.’

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Transparency Project, 6th June 2023

Source: transparencyproject.org.uk

Family Court reporting pilot “risks failure” without improvement in flow of information between court and press, says Family President – Local Government Lawyer

Posted June 6th, 2023 in anonymity, codes of practice, family courts, law reports, lists, media, news, pilot schemes by sally

‘A review of the family court reporting pilot carried out by the Transparency Implementation Group (TIG) has highlighted “issues that require guidance”.’

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Local Government Lawyer, 5th June 2023

Source: www.localgovernmentlawyer.co.uk

Transparency – cases about finance on divorce – Transparency Project

Posted June 2nd, 2023 in divorce, families, family courts, financial dispute resolution, financial provision, news by sally

‘The Financial Remedies Court sub-group of the Transparency Implementation Group (TIG ) has published a 164 page report. This refers to cases about financial remedies on divorce i.e resolving issues between divorcing couples about their income and assets – they are not cases about children. The parties often have legal representation, but not always.’

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Transparency Project, 31st May 2023

Source: transparencyproject.org.uk

Barbara Mills KC becomes first black person and first family law practitioner for 35 years to be elected Vice Chair of Bar Council – Local Government Lawyer

Posted May 23rd, 2023 in barristers, family courts, king's counsel, minorities, news by sally

‘Barbara Mills KC has been elected as the Bar Council’s Vice Chair, becoming the first family law practitioner to be selected for the position in 35 years and the first black person and first person of colour.’

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Local Government Lawyer, 22nd May 2023

Source: www.localgovernmentlawyer.co.uk

New research examines the reasons behind Deprivation of Liberty applications and the complex needs of the children involved – Family Law

Posted May 15th, 2023 in children, detention, families, family courts, news by tracey

‘In recent years there has been a marked increase in the use of the inherent jurisdiction of the family court to deprive children of their liberty. In these cases, restrictions are placed on a child’s liberty beyond what would normally be expected for a child of the same age. This may include them being kept in a locked environment that they are not free to leave, being kept under continuous supervision, and being subject to restraint or medical treatment without consent. In response, the President of the Family Division launched a national Deprivation of Liberty (DoL) court at the Royal Courts of Justice, which is running for a pilot period of 12 months from July 2022.’

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Family Law, 12th May 2023

Source: www.familylaw.co.uk

The Nicholas Wall Memorial Lecture, given by Lord Justice Peter Jackson: ‘Is Family Law law?’ – Courts and Tribunals Judiciary

Posted May 12th, 2023 in families, family courts, judges, speeches by tracey

‘The Nicholas Wall Memorial Lecture, given by Lord Justice Peter Jackson: “Is Family Law law?”’

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Courts and Tribunals Judiciary, 11thMay 2023

Source: www.judiciary.uk

Judge orders woman to directly arrange childcare arrangements with rapist ex-husband – The Independent

Posted May 12th, 2023 in appeals, children, coercive & controlling behaviour, domestic violence, families, family courts, judges, news, rape, sexual offences by tracey

‘A judge has been criticised for ordering a rape victim to directly arrange childcare with an ex-husband who subjected her to rape and domestic abuse.’

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The Independent, 11th May 2023

Source: www.independent.co.uk

One in ten private family law applications involve non-parents, research finds – Local Government Lawyer

Posted April 27th, 2023 in child arrangements orders, families, family courts, news, reports, statistics by sally

‘Research published by Nuffield Family Justice Observatory (Nuffield FJO) has found that private family law applications involving non-parents are diverse, and “circumstances may overlap with public law cases”.’

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Local Government Lawyer, 26th April 2023

Source: www.localgovernmentlawyer.co.uk

Can an adult child seek maintenance from their parents? – Family Law

Posted April 14th, 2023 in children, families, family courts, financial provision, jurisdiction, news, statutory interpretation by tracey

‘There have recently been two cases in which adult children have begun court proceedings seeking a formal court order to force their parents into providing ongoing financial support to them.’

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Family Law, 12th April 2023

Source: www.familylaw.co.uk

Custody, carer, client: family lawyers identify ‘harmful’ words – Law Society’s Gazette

Posted April 13th, 2023 in divorce, families, family courts, legal language, news by sally

‘Custody, versus, battle, opponent, rights, parties and dispute – these are the words family law professionals consider the most harmful to family relationships, according to the Family Solutions Group. The group, set up by Mr Justice Cobb in 2020, marked the first anniversary of no-fault divorce reforms by calling for an end to “combative” language in family separation cases.’

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Law Society's Gazette, 11th April 2023

Source: www.lawgazette.co.uk

Secure Accommodation Order applications do not need a Circuit Judge – Becket Chambers

Posted April 11th, 2023 in children, deprivation of liberty safeguards, detention, family courts, judiciary, news, placement orders by sally

‘This article will set out the law in relation to the judicial allocation for applications under s.25 of the Children Act 1989.’

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Becket Chambers, 2nd March 2023

Source: becket-chambers.co.uk

Spousal applications for reasonable financial provision under section 1 (1) (a) of the Inheritance Act 1975: Law and procedure and the judgment of Mr Justice Peel in Kaur v Estate of Karnail Singh & Ors [2023] EWHC 304 (Fam) – Becket Chambers

Posted April 11th, 2023 in chambers articles, civil procedure rules, family courts, married persons, news, wills by sally

‘It was, Mr Justice Peel concluded, “the clearest possible case” for reasonable financial provision from a deceased’s estate under section 1 (1) (a) of the Inheritance (Provision for Family and Dependants) Act 1975 (IA 1975).’

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Becket Chambers, 15th March 2023

Source: becket-chambers.co.uk

Why we hardly ever see published family court judgments – Transparency Project

Posted April 3rd, 2023 in anonymity, children, families, family courts, judgments, judiciary, news by sally

‘Amidst the attention being paid to the courts in the Reporting Pilot, especially the series of broadcasts on the BBC Today programme by Sanchia Berg recently, other outputs from the President’s Transparency Implementation Group (TIG) have been slowly emerging.’

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Transparency Project, 31st March 2023

Source: transparencyproject.org.uk

Family Law Newsletter – Spire Barristers

Posted March 30th, 2023 in care orders, chambers articles, divorce, family courts, financial provision, news by sally

‘Family Law Newsletter Issue #65; including articles from around the web, Legislation updates and Case Updates from Care Proceedings and Financial Remedy matters.’

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Spire Barristers, 2nd March 2023

Source: spirebarristers.co.uk

I’ve seen abusers use family courts to control and torment victims – but change is coming – The Guardian

Posted March 29th, 2023 in children, coercive & controlling behaviour, domestic violence, families, family courts, media, news, pilot schemes, reporting restrictions, victims by sally

‘A pilot scheme is inviting journalists into England and Wales’s most private courtrooms. This can expose those who use litigation as a weapon.’

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The Guardian, 29th March 2023

Source: www.theguardian.com

Defining “family graves” – Re Blagdon revisited (I) – Law & Religion UK

Posted March 29th, 2023 in burials and cremation, Christianity, families, family courts, news by sally

‘In Re Blagdon Cemetery [2002] Fam 299, the Arches Court reviewed the circumstances under which burial in a “family grave” might be considered as an exception to the general presumption of permanence of Christian burial arising from the initial act of interment.’

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Law & Religion UK, 28th March 2023

Source: lawandreligionuk.com

‘Wrong people, time and attitude’: Society’s warning over mediation reforms – Law Society’s Gazette

Posted March 24th, 2023 in children, dispute resolution, divorce, families, family courts, Law Society, news by tracey

‘Compulsory mediation could force the wrong people into a process at the wrong time with the wrong attitude, the Law Society has warned in response to government plans to get more family disputes resolved away from court.’

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Law Society's Gazette, 24th March 2023

Source: www.lawgazette.co.uk

Plans to protect children under under new mediation reforms – Ministry of Justice

Posted March 23rd, 2023 in children, dispute resolution, divorce, families, family courts, Ministry of Justice, news by tracey

‘Thousands of children could be protected from witnessing their parents thrash out family disputes through the courts, following plans to mandate mediation for separating families announced today (23 March 2023).’

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Ministry of Justice, 23rd March 2023

Source: www.gov.uk

Separating parents could be forced to go to mediation under Raab plans – The Guardian

Posted March 23rd, 2023 in children, dispute resolution, divorce, families, family courts, financial provision, Ministry of Justice, news by tracey

‘Thousands of children in England and Wales could be protected from witnessing their parents pitted against each other in the courts under proposals to legally enforce mediation for separating families.’

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The Guardian, 23rd March 2023

Source: www.theguardian.com

Judge excoriates “shameless” family case with costs of £5.5m – Legal Futures

Posted March 20th, 2023 in children, costs, divorce, families, family courts, financial provision, judges, legal representation, litigants in person, news by tracey

‘A family court judge has described a case where the two parties racked up costs of £5.5m as “one of the most shameless pieces of litigation” he has ever seen.’

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Legal Futures, 20th March 2023

Source: www.legalfutures.co.uk