Who must disclose what and when? – Family Law

Posted October 9th, 2018 in civil procedure rules, disclosure, documents, family courts, news by tracey

‘Family procedural law is not as clear as it might be over when “a person who is not a party to the proceedings” (a non-party) can be compelled to produce documents and other information into family proceedings (eg the police, tax authorities, a doctor or accountant etc).’

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Family Law, 9th October 2018

Source: www.familylaw.co.uk

Reflections on the state of family law – Family Law

‘This year has seen momentum grow towards family law reform following a series of landmark Supreme Court decisions. Until now, this has not prompted the government to change the law, with ministers instead opting to take soundings.’

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Family Law, 5th October 2018

Source: www.familylaw.co.uk

Lawyer bloggers invited to lift veil on family courts – Legal Futures

‘An effort to encourage lawyers to report on everyday proceedings in the family courts to compensate for lack of press interest is being piloted over the next nine months, it has emerged.’

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Legal Futures, 3rd October 2018

Source: www.legalfutures.co.uk

Consent Orders: Triumph or Disaster? Working towards best practice in reaching consent orders – Family Law Week

Posted September 21st, 2018 in consent orders, families, family courts, news by tracey

‘Following a multi-professional seminar, David Pitcher, Family Court Adviser, Cafcass and Carol Mashembo, barrister, Magdalen Chambers, Exeter with Dr Anna Gough and Sarah Evans consider the issues concerning best practice in consent orders in family proceedings.’

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Family Law Week, 11th September 2018

Source: www.familylawweek.co.uk

Government releases plans for family law in event of a “no-deal” Brexit – Family Law

Posted September 17th, 2018 in brexit, divorce, family courts, jurisdiction, news, treaties by sally

‘Yesterday [13 September] the Government published the first of its guidance dealing with justice matters in the event of the UK leaving the EU with “no deal” on 29 March 2019. The Ministry of Justice published a technical notice on handling civil legal cases, which includes consideration of co-operation between the UK and the EU in family matters following Brexit.’

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Family Law, 14th September 2018

Source: www.familylaw.co.uk

New pilot FPR 2010, PD 36J – attendance at court of ‘legal bloggers’ – Family Law

‘A pilot Practice Direction 36J comes into force on 1 October 2018 to allow certain lawyers to attend family proceedings in the Family Court and Family Division of the High Court with a view to reporting on proceedings. These persons are colloquially described as ‘legal bloggers’. The pilot will run for nine months and concludes on 30 June 2019.’

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Family Law, 27th August 2018

Source: www.familylaw.co.uk

Legal Bloggers – Pilot Announced – Transparency Project

Posted August 24th, 2018 in family courts, internet, media, news, pilot schemes by sally

‘After months of liaison with the Family Procedure Rules Committee our proposal to permit legal bloggers into family court hearings is going to be piloted. The pilot will launch on 1 October and run for 9 months until 30 June 2018, so it’s no change until then. The pilot will allow practising lawyers, academic lawyers and those under the umbrella of an an educational charity (like us). We’re keeners, so we’ve already submitted our details to the President of the Family Division so that we are on the ‘approved list’ of educational charities who can send lawyers to court (four weeks notice is required but this only needs to be done once).’

Full Story

Transparency Project, 22nd August 2018

Source: www.transparencyproject.org.uk

Paediatricians as Expert Witnesses in the Family Courts in England and Wales: Standards, competencies and expectations – Courts and Tribunals Judiciary

Posted August 9th, 2018 in children, doctors, expert witnesses, family courts by tracey

‘Produced by the Family Justice Council and the Royal College of Paediatrics and Child Health, this guide directs the reader to discipline-specific information with regards to paediatricians as expert witnesses. It is intended to be used by all stakeholders as a companion document to the generic expert witness standards set out in Part 25 of the Family Procedure Rules.’

Full text

Courts and Tribunals Judiciary, 7th August 2018

Source: www.judiciary.uk

Divorce and Financial Remedy Update, August 2018 – Family Law Week

Posted August 9th, 2018 in bills, divorce, family courts, financial provision, news, periodical payments by tracey

‘Naomi Shelton, Associate, Mills & Reeve LLP considers the news and case law relating to financial remedies and divorce during July 2018.’

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Family Law Week, 8th August 2018

Source: www.familylawweek.co.uk

Final Presidential words on transparency – Transparency Project

Posted August 7th, 2018 in family courts, judges, news, private hearings, reporting restrictions by sally

‘Sir James Munby, who retired as President of the Family Division at the end of July, has attracted a good deal of media attention over the years and has been innovative and enthusiastic about constructively engaging with the media. He was vocal as early as 2013 (in a speech to the Society of Editors) about his wish for the family courts and the Court of Protection to become more open and the important role of the media (the press in particular) to make the workings of the family justice system accessible to the public. Although the government had seemingly thrown in the transparency towel after the failed legislation of 2010, he was determined to address the perceived problem of lack of confidence in “secret” family courts.’

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Transparency Project, 6th August 2018

Source: www.transparencyproject.org.uk

Financial consent orders can now be filed online – Family Law

‘On Monday 6 August 2018 the family courts will take another step towards becoming digital. From that date applications for consent orders in family court financial proceedings can be filed online rather than delivery to a physical court office. For many law firms increasingly geared towards the digital rather than the paper, this is yet further welcome progress.’

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Family Law, 30th July 2018

Source: www.familylaw.co.uk

A tribute to Sir James Munby – the people’s president – Family Law

Posted July 30th, 2018 in family courts, judges, news by sally

‘Sir James Munby retires as President of the Family Division having had an undeniable impact on family justice reform. Stepping into the role at a time of unprecedented change, Sir James has not shied away from the difficulties of the role, often under the harsh spotlight of media attention.’

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Family Law, 27th July 2018

Source: www.familylaw.co.uk

Access to justice in family courts ‘inadequate’, says outgoing head – The Guardian

Posted July 30th, 2018 in budgets, family courts, legal aid, litigants in person, news by sally

‘The outgoing head of the family courts in England and Wales has raised concerns about access to family courts and said help for litigants who had to represent themselves due to cuts to legal aid was “woefully inadequate”.’

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The Guardian, 27th July 2018

Source: www.theguardian.com

Speech by Sir James Munby, President of the Family Division: Because it is the right thing to do – Courts and Tribunals Judiciary

Posted July 25th, 2018 in children, cross-examination, family courts, speeches, witnesses by tracey

‘Speech by Sir James Munby, President of the Family Division: Because it is the right thing to do.’

Full speech

Courts and Tribunals Judiciary, 24th July 2018

Source: www.judiciary.uk

Applying to commit for breach of a child arrangements order – Family Law

Posted July 19th, 2018 in civil procedure rules, contact orders, family courts, news by tracey

‘Family analysis: Sarah Keily, partner at Thomson Snell & Passmore in Tunbridge Wells, discusses the decision in CH v CT [2018] EWHC 1310 (Fam), [2018] All ER (D) 03 (Jul), which illustrates the need to strictly comply with the relevant procedural requirements when seeking a committal order following a breach of a child arrangements order.’

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Family Law, 19th July 2018

Source: www.familylaw.co.uk

Are ‘Thousands misusing abuse orders to get legal aid?’ – Transparency Project

‘Twitter commentators asked questions last week of a BBC headline:

Thousands misusing abuse orders to get legal aid, says parenting charity

And the ‘click-bait’ opening sentence of the story itself:

Families Need Fathers says parents are being encouraged by some solicitors to file for non-molestation orders – injunctions used in urgent abuse cases.’

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Transparency Project, 9th July 2018

Source: www.transparencyproject.org.uk

Enforcement and the powers of the family court: VS v RE [2018] EWFC 30 – Family Law Week

‘Michael Horton, barrister at Coram Chambers explains the jurisdiction of the family court in relation to enforcement proceedings and highlights considerations which impact on the drafting of recitals to consent orders.’

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Family Law Week, 4th July 2018

Source: www.familylawweek.co.uk

Speech by Lord Justice McFarlane: Families Need Fathers Conference 2018 – Courts and Tribunals Judiciary

Posted June 27th, 2018 in domestic violence, families, family courts, speeches by tracey

‘Speech by Lord Justice McFarlane: Families Need Fathers Conference 2018.’

Full speech

Courts and Tribunals Judiciary, 25th June 2018

Source: www.judiciary.uk

Fathers let down by courts which have ‘fallen short’, says new head of family division – Daily Telegraph

Posted June 26th, 2018 in families, family courts, judges, news, parental rights, speeches by sally

‘Fathers are being cut off from their children because the courts have “fallen short”, the incoming head of the family court has said.’

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Daily Telegraph, 25th June 2018

Source: www.telegraph.co.uk

FDAC unit closure threatens future of problem-solving courts – Law Society’s Gazette

Posted June 22nd, 2018 in alcohol abuse, courts, drug abuse, families, family courts, local government, news by tracey

‘Days after it emerged that a national board set up to improve the performance of the family justice system and chaired by government ministers had not met for 17 months, a national unit set up only three years ago to support a pioneering problem-solving court service for families is shutting down due to lack of government support.’

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Law Society's Gazette, 21st June 2018

Source: www.lawgazette.co.uk