Psychology or pseudoscience? Parental alienation and the role of the psychologist, with Richard Ager and Clare Ciborowska – Law Pod UK

Posted September 28th, 2022 in children, families, family courts, news, podcasts by sally

‘Jim Duffy speaks to Richard Ager and Clare Ciborowska, of 1 Crown Office Row in Brighton. They discuss how the family court deals with allegations of “alienating behaviour” by one parent against another and examines the part psychologists play in that process.’

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Law Pod UK, 26th September 2022

Source: audioboom.com

Supreme Court Confirms Correct Approach to Deportation Cases – UK Human Rights Blog

‘In Secretary of State for the Home Department v HA (Iraq) [2022] UKSC 22, the Supreme Court has confirmed that the Court of Appeal was right to reject the idea that, when assessing whether it would be unduly harsh (and therefore disproportionate) for a person to be deported from the UK, the degree of harshness that would arise from this should be assessed by reference to a comparison with that which would ‘necessarily’ be involved for any child faced with the deportation of a parent. The Court also provided useful guidance concerning the application of the test for whether there are very compelling circumstances rendering deportation disproportionate in a given case.’

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UK Human Rights Blog, 6th September 2022

Source: ukhumanrightsblog.com

Public law children case update: August 2022 – Local Government Lawyer

‘Jaime Turner rounds up the most interesting and relevant public law cases.’

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Local Government Lawyer, 26th August 2022

Source: www.localgovernmentlawyer.co.uk

Financial Remedy Update, August 2022 – Family Law Week

Posted August 26th, 2022 in bills, divorce, families, family courts, financial provision, Law Commission, marriage, news by tracey

‘Nicola Rowling, Professional Support Lawyer, Emily Elvin-Poole, Associate and Caitlin Levins, Trainee Solicitor at Mills & Reeve LLP consider the most important news and case law relating to financial remedies during July 2022.’

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Family Law Week, 23rd August 2022

Source: www.familylawweek.co.uk

Family Public Law … Choosing an Expert – Becket Chambers

Posted August 16th, 2022 in expert witnesses, family courts, news, practice directions by sally

‘When it is decided that it is “necessary” – and that is the first question to be decided by the Court (Practice Direction 25 of the Family Procedure Rules 2010) – this should be as early as possible within the start of proceedings.’

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Becket Chambers, 11th August 2022

Source: becket-chambers.co.uk

McCloud Remedy – a Ground to Set Aside Financial Orders? – Family Law

‘Many will recall the McCloud judgment, in which the Court of Appeal determined that the transitional provisions in the Government’s 2015 public sector pension schemes were age discriminatory. In response to the judgment, the Government agreed to unravel these changes. Last year, the Government announced its solution known as the McCloud Remedy. But what does this mean for pension trustees? Do these circumstances amount to grounds to set aside a financial remedy order?’

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Family Law, 11th August 2022

Source: www.familylaw.co.uk

Foreign convictions are admissible as evidence in family proceedings, Court of Appeal holds – Local Government Lawyer

‘The Court of Appeal has ruled that foreign judicial findings or convictions that are relevant to a person’s suitability to care for children may be used as evidence in family proceedings.’

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Local Government Lawyer, 8th August 2022

Source: www.localgovernmentlawyer.co.uk

Judge dismisses bid by council for unadmitted allegations to be tried, saying it would be “deplorable waste of resources” – Local Government Lawyer

‘A Family Court judge has dismissed a local authority’s application for un-admitted allegations to be tried, saying he could not see any upside in allowing that to happen.’

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Local Government Lawyer, 1st August 2022

Source: www.localgovernmentlawyer.co.uk

Court of Appeal outlines approach advocates and judges should take to requests for clarification of judgments – Local Government Lawyer

‘The Court of Appeal has considered the extent to which judges are required to respond to requests for clarifications in judgments.’

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Local Government Lawyer, 28th July 2022

Source: www.localgovernmentlawyer.co.uk

Domestic abusers barred from cross-examining victims in family and civil courts – Ministry of Justice

‘Victims of domestic abuse can be spared from being cross-examined by their alleged attackers in family and civil courts under measures coming into force today (21 July 2022).’

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Ministry of Justice, 21st July 2022

Source: www.gov.uk

Re S: A short lesson on jurisdiction in international children cases post-Brexit – Family Law

Posted July 22nd, 2022 in brexit, children, families, family courts, jurisdiction, kidnapping, news by tracey

‘The President of the Family Division has very recently handed down his decision in this matter of Re: S (A Child) (Jurisdiction) [2022] EWHC 1720 (Fam), in which we acted for the successful applicant mother. Whilst the facts of the case are unique, the judgment serves as a helpful reminder of the jurisdictional framework of international children cases following our departure from the European Union.’

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Family Law, 21st July 2022

Source: www.familylaw.co.uk

Human Fertilisation and Embryology Act can be “read down” to accord with Convention family rights – UK Human Rights Blog

‘This poignant case tells a sad story, but an instructive one in terms of human rights and the ability of courts to interpret statutes in accordance with these rights under Section 3 of the Human Rights Act 1998.’

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UK Human Rights Blog, 19th July 2022

Source: ukhumanrightsblog.com

Financial Remedy Update, July 2022 – Family Law Week

Posted July 18th, 2022 in divorce, families, family courts, financial provision, news by tracey

‘Stephanie Hawthorn and Abigail Pearse, associates, at Mills & Reeve LLP consider the most important news and case law relating to financial remedies and divorce during June 2022.’

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Family Law Week, 14th July 2022

Source: www.familylawweek.co.uk

Domestic abuse & the family courts – New Law Journal

Posted July 13th, 2022 in children, domestic violence, families, family courts, news by tracey

‘In the first of a two-part series, Cris McCurley examines key changes to the treatment of domestic abuse victims & their children within the family justice system.’

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New Law Journal, 8th July 2022

Source: www.newlawjournal.co.uk

Government launches new mediation scheme to help thousands more families avoid costly legal battles – Family Law

‘An extra £5.4 million in funding will help even more families to resolve disputes away from court, such as contact arrangements for children.’

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Family Law, 7th July 2022

Source: www.familylaw.co.uk

Parents of brain-damaged 12-year-old boy set for latest stage of legal battle – The Independent

Posted July 11th, 2022 in appeals, children, doctors, families, family courts, medical treatment, news by tracey

‘The parents of a 12-year-old boy who suffered brain damage three months ago are preparing for the latest stage of a life-support treatment battle. Hollie Dance and Paul Battersbee are hoping a High Court judge will rule that doctors should keep providing treatment to their son Archie Battersbee, after reviewing evidence.’

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The Independent, 11th July 2022

Source: www.independent.co.uk

Local authority wins appeal over costs order made in private family law proceedings – Local Government Lawyer

Posted July 8th, 2022 in appeals, costs, families, family courts, local government, news, third parties by sally

‘A judge allowed an “impermissible device” designed to provide a public source of funding for the parties’ legal costs in private family law proceedings, the Family Court has ruled.’

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Local Government Lawyer, 7th July 2022

Source: www.localgovernmentlawyer.co.uk

National Deprivation of Liberty Court handling applications covering children to be launched next month – Local Government Lawyer

Posted June 27th, 2022 in children, deprivation of liberty safeguards, families, family courts, news by tracey

‘The President of the Family Division has confirmed the launch of a National DoLs (Deprivation of Liberty) court on 4 July 2022 that will deal with applications seeking authorisation to deprive children of their liberty.’

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Local Government Lawyer, 22nd June 2022

Source: www.localgovernmentlawyer.co.uk

Family Justice Council makes recommendations on avoiding conflicts of interest using psychologist expert witnesses in cases of alleged alienation – Local Government Lawyer

‘Interim guidance from the Family Justice Council (FJC), published last month, has highlighted how to avoid conflicts of interest when using psychologist expert witnesses in family court cases involving allegations of alienating behaviours.’

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Local Government Lawyer, 20th June 2022

Source: www.localgovernmentlawyer.co.uk

Financial Remedy Update, June 2022 – Family Law Week

Posted June 17th, 2022 in children, divorce, domestic violence, families, family courts, fees, news by tracey

‘Rose-Marie Drury, Principle Associate at Mills & Reeve LLP considers the most important news and case law relating to financial remedies and divorce during May 2022.’

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Family Law Week, 13th June 2022

Source: www.familylawweek.co.uk