Raab eyes “drastic action” to keep family disputes out of court – Legal Futures

‘Justice secretary Dominic Raab is “in the market for something quite drastic and bold” to reduce the number of private law family cases in the courts, he said yesterday.’

Full Story

Legal Futures, 1st December 2021

Source: www.legalfutures.co.uk

Blueprint for family court monitoring mechanism unveiled – Law Society’s Gazette

Posted November 30th, 2021 in domestic violence, family courts, news, pilot schemes, victims by tracey

‘A monitoring mechanism to improve the family court’s response to domestic abuse will be piloted next spring, the domestic abuse commissioner and victims commissioner have revealed.’

Full Story

Law Society's Gazette, 29th November 2021

Source: www.lawgazette.co.uk

Increased transparency in the family courts to be the way forward – Family Law

‘On 29 October 2021 the President of the Family Division, Sir Andrew McFarlane, published a report with his conclusions on the issue of transparency in the family courts. His view is clear: it is possible to enhance public confidence in the family courts whilst also safeguarding the privacy of the families and the children who turn to the courts for protection and resolution. Increased transparency in the family courts is plainly a top priority for the President; it should be the “new norm”.’

Full Story

Family Law, 26th November 2021

Source: www.familylaw.co.uk

Judges publishing porn – Transparency Project

‘On 24 November 2021, approximately 3 years after the publication of detailed anonymisation guidance warning against the publication of overly graphic sexual content in judgments, and almost a month after publication of the Transparency Review, which echoes the same issue and indicates the need for an Anonymisation Unit – a family court judge has published a judgment which is, basically, pornographic in content.’

Full Story

Transparency Project, 24th November 2021

Source: www.transparencyproject.org.uk

Acting for both sides “may become the norm” in divorce work – Legal Futures

‘A future where lawyers act for both sides of divorces as a matter of course and others exit regulation to offer a new kind of service has been sketched out by Resolution.’

Full Story

Legal Futures, 23rd November 2021

Source: www.legalfutures.co.uk

Father’s court battle to save daughter from cult’s clutches – BBC News

‘A dad who went to court to save his daughter from the clutches of a cult has told BBC’s File on 4 programme the groups have been ripping families apart. The programme has spoken to experts who claimed there were as many as 2,000 suspected cults active in the UK, with some recruiting university students.’

Full Story

BBC News, 23rd November 2021

Source: www.bbc.co.uk

More Transparency in the Financial Remedies Court – Transparency Project

Posted November 17th, 2021 in anonymity, disclosure, families, family courts, media, news, privacy, reporting restrictions by sally

‘Hard on the heels of the CONSULTATION ON A PROPOSAL FOR A STANDARD REPORTING PERMISSION ORDER IN FINANCIAL REMEDY PROCEEDINGS published by Mostyn J and HHJ Hess, the FRC Lead Judges, and animated by the same acknowledgement of the need for more transparency in FRC, come two important judgments by Mostyn J on the same subject: BT v CU [2021] EWFC 87, paras 100-114, and, in quick succession, A v M [2021] EWFC 89, paras 101-106.’

Full Story

Transparency Project, 16th November 2021

Source: www.transparencyproject.org.uk

Divorce can feel like a death, but what happens if the person you are divorcing actually passes away? – Family Law

Posted November 15th, 2021 in bereavement, divorce, families, family courts, financial dispute resolution, news by tracey

‘It is often said that going through a divorce is similar to suffering a bereavement. However, what happens if the person you are divorcing actually dies midway through that process?’

Full Story

Family Law, 12th November 2021

Source: www.familylaw.co.uk

Keeping family disputes away from the courts – is there light at the end of the tunnel? – Family Law

Posted November 12th, 2021 in dispute resolution, families, family courts, news by tracey

‘Earlier this month industry experts gathered at the Jersey International Family Law Conference 2021 to hear from a range of key spokespeople, decision makers and opinion formers on a whole host of hot topics. Perhaps most notably, certainly for my colleagues and I at National Family Mediation, was the address by Sir Andrew McFarlane – the residing President of the Family Division – who took the opportunity to outline some of his priorities and what it was he wants to achieve before he (in his words!) hangs up his ‘wig and flashy robes’ in three years’ time.’

Full Story

Family Law, 12th November 2021

Source: www.familylaw.co.uk

Too many witness statements prepared in breach of proper professional standards, says top family judge – Local Government Lawyer

Posted November 11th, 2021 in codes of practice, families, family courts, judges, news, practice directions, witnesses by sally

‘The President of the Family Division, Sir Andrew McFarlane, has issued a memorandum setting out how witness statements should be prepared for use in the Family Courts to ensure they meet proper professional standards.’

Full Story

Local Government Lawyer, 10th November 2021

Source: www.localgovernmentlawyer.co.uk

Judge issues ruling on use of inherent jurisdiction where placements will not or cannot comply with practice guidance issued by Family President – Local Government Lawyer

‘A High Court judge has handed down a ruling on whether it remains open to the court to exercise its inherent jurisdiction authorising a deprivation of liberty in cases where an unregistered placement either will not or cannot comply with practice guidance issued by the President of the Family Division.’

Full Story

Local Government Lawyer, 9th November 2021

Source: www.localgovernmentlawyer.co.uk

Privacy & transparency in the family courts – Sir Andrew MacFarlane reports – Panopticon

‘The issue of how the protection of privacy rights should be balanced as against the fundamental public interest in achieving transparency and open justice within the family justice system has long vexed the family division of the High Court. On the one hand, ensuring the confidentiality of family law proceedings is crucial both in terms of protecting the fundamental privacy rights of those individuals who find themselves caught up in such proceedings and in terms of maximising their engagement in the process. On the other hand, a lack of meaningful transparency around the work of the family courts undermines public trust in the family justice system, increases the risk of miscarriages of justice and inhibits the public’s ability to press for reforms of the system on a properly informed basis. The family courts have for a number of years recognised that this balance was weighted too strongly in favour of preserving the confidentiality of family court proceedings, but that still left the fantastically difficult question of how the system should be reformed so as to increase the level of transparency. These are issues that were considered most recently by the courts in the case of Newman v Southampton City Council [2021] EWCA Civ 437. In that case, a journalist who had been unable to attend the first instance hearings of a particular high profile adoption case, was seeking access to the documents which had been placed before the first instance court. The Court of Appeal concluded that the High Court had been right to conclude that the balance of interests tipped in favour of preserving the confidentiality of the majority of relevant documents. However, it also observed that the case served to ‘underline the need for the Transparency Review’ (paragraph 92).’

Full Story

Panopticon, 2nd November 2021

Source: panopticonblog.com

Remote Hearings and the Future of the Financial Remedy Court: What We Learned from the Farquhar Report – Parts 1 and 2 – Parklane Plowden

Posted November 2nd, 2021 in case management, drafting, family courts, news, remote hearings, reports by sally

‘The Farquhar report, authored by His Honour Judge Stuart Farquhar, was commissioned by Mostyn J (the National Lead of the Financial Remedies Court) to consider the future of the FRC and the role that remote hearings should play.’

Full Story

Parklane Plowden Chambers, 1st November 2021

Source: www.parklaneplowden.co.uk

Family Law Newsletter – Spire Barristers

‘Issue #53 of Spire Barristers’ Family Law Newsletter: edited by Chloe Lee and Philippa Pudney; news and Case Reviews by Francesca Massarella. Francesca began pupillage at Spire Barristers in September 2021.’

Full Story

Spire Barristers, 27th October 2021

Source: spirebarristers.co.uk

When Civil met Family: how to deal with TOLATA claims in Financial Provision cases – Becket Chambers

Posted November 2nd, 2021 in divorce, family courts, financial provision, joinder, news, third parties by sally

‘The Family Court is seeing an increasing number of cases where property is (or is asserted to be) owned by a third party. As more parents assist children with purchasing a home or friends buy with friends, it is ever more likely that a financial provision case will involve consideration of who owns what. Here are some tips on how to approach such a case.’

Full Story

Becket Chambers, 19th October 2021

Source: becket-chambers.co.uk

Transparency to be ‘new norm’ in Family Division – McFarlane – Law Society’s Gazette

Posted October 29th, 2021 in anonymity, families, family courts, media, news, reporting restrictions by tracey

‘Openness in the family justice system should be regarded as “the new norm”, the president of the Family Division said yesterday, proposing that the media should be allowed to report court hearings more fully.’

Full report

Full Story

Law Society's Gazette, 29th October 2021

Source: www.lawgazette.co.uk

Guarding Special Guardianship: the need for legal aid reform – Family Law week

Posted October 25th, 2021 in children, families, family courts, guardianship, legal aid, news by tracey

‘Jessica Johnston, Legal Adviser with Family Rights Group, explains a major challenge to prospective special guardians and how it might be overcome.’

Full Story

Family Law Week, 21st October 2021

Source: www.familylawweek.co.uk

Senior family judge gives “steer” on when hearings should be in-person, criticises speed of implementation of Public Law Working Group recommendations – Local Government Lawyer

Posted October 21st, 2021 in coronavirus, Court of Protection, family courts, news, remote hearings by sally

‘The central theme running through the approach that should apply to whether hearings should be held in person, remotely or a hybrid is that the parties and their lawyers should normally be physically present at court on those occasions when an important decision may be taken, the President of the Family Division has suggested.’

Full Story

Local Government Lawyer, 20th October 2021

Source: www.localgovernmentlawyer.co.uk

Language Matters: time to reframe our national vocabulary for family breakdown – Family Law

Posted October 15th, 2021 in children, divorce, families, family courts, news by tracey

‘As a society we have made huge progress, for example, in removing gender-biased and racist language from everyday speech. We do this because we recognise that using biased language can reinforce biased thinking. But there remain areas in which the power of language to influence thought and behaviour has not yet been properly appreciated. This article concerns the use of the language of aggression and conflict in the context of family breakdown and argues that it is time for change.’

Full Story

Family Law, 14th October 2021

Source: www.familylaw.co.uk

Less is more: my practical advice after almost forty years of practising – Family Law Week

Posted October 15th, 2021 in barristers, families, family courts, news by tracey

‘Gabrielle Jan Posner, Barrister and Recorder, Trinity Chambers, Chelmsford, passes on some hard-earned tips.’

Full Story

Family Law Week, 12th October 2021

Source: www.familylawweek.co.uk