Have We Created a Monster? Intractable Contact Disputes and Parental Alienation in Context – Family Law Week

Posted November 16th, 2017 in children, contact orders, divorce, family courts, news, parental rights, residence orders by tracey

‘Briony Palmer, barrister of 3 Dr Johnson’s Buildings, considers intractable contact disputes where the underlying dynamics are not obvious.’

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Family Law Week, 15th November 2017

Source: www.familylawweek.co.uk

Surrogacy and HFEA Update (November 2017) – Family Law Week

‘Andrew Powell, barrister of 4 Paper Buildings, considers recent developments relating to surrogacy law as well as the latest cases concerning administrative errors and the HFEA.’

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Family Law Week, 7th November 2017

Source: www.familylawweek.co.uk

Covert recordings: what should family lawyers advise? – Family Law

Posted November 7th, 2017 in evidence, family courts, news, privacy by tracey

‘Covert recording is no longer limited to the realms of spies and detectives. With advancements in technology anyone can takeout their phone and record without anyone else knowing. The technology (including spy ware) is readily available and relatively inexpensive so it’s inevitable that people will seek to use it. It is now the case that practitioners are frequently seeing covert recordings arise in the context of family proceedings which involve the recording of family members, children and professionals. This may be a result of what is perceived to be a growing mind set of distrust in the competency of the family justice system and professionals working within it or because individuals are simply hoping to bolster their case with the footage they have obtained.’

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Family Law, 6th November 2017

Source: www.familylaw.co.uk

Law and religion round-up – 5th November – Law & Religion UK

‘A week in which the Westminster sexual exploitation scandal continued to claim scalps, there was an important report on House of Lords reform – and Brexit rumbled on’

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Law & Religion UK, 5th November 2017

Source: www.lawandreligionuk.com

Covert recordings in family proceedings (Re B (A Child)) – Family Law

Posted November 3rd, 2017 in evidence, family courts, judgments, news by tracey

‘Family analysis: Farooq Ahmed, barrister at Westgate Chambers, considers the Court of Appeal’s decision in Re B (A Child) and how practitioners should consider whether to introduce covert recordings in family proceedings.’

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Family Law, 1st November 2017

Source: www.familylaw.co.uk

New research supports calls for no-fault divorce – Family Law

‘A landmark report published today by the Nuffield Foundation calls for an end to fault-based divorce law in England and Wales.’

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Family Law, 30th October 2017

Source: www.familylaw.co.uk

Government: ‘now is not the right time’ for review of marriage law – Family Law

‘The Government has informed the Law Commission that ‘now is not the right time’ for a full review of marriage law.’

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Family Law, 27th October 2017

Source: www.familylaw.co.uk

The rise of covert recordings in family proceedings – Family Law

Posted October 27th, 2017 in children, evidence, family courts, news, video recordings by sally

‘Last week Sir James Munby, President of the Family Division of the High Court, said that covert recording had become a ‘much more pressing issue’ in family proceedings. In particular he highlighted the increased prevalence of recordings of children, other family members and even professionals being placed before the courts as evidence to support one party’s position or to undermine the others.’

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Family Law, 27th October 2017

Source: www.familylaw.co.uk

Lump sum orders under Pt III of MFPA 1984 – Family Law

‘Family analysis: A husband’s appeal succeeded against a lump sum order made in favour of the wife by an English court after the couple agreed a financial consent order in Russian divorce proceedings. Jenny Duggan, associate at Stewarts, examines issues that arose in Zimina v Zimin.’

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Family Law, 27th October 2017

Source: www.familylaw.co.uk

Mediation and the judge’s letter to ‘Sam’: judges need to ‘use their imaginations’ – Family Law

Posted October 27th, 2017 in children, dispute resolution, family courts, judges, judgments, news by sally

‘In a recent article Jane Robey makes a serious point about judicial referral of parties to mediation; but she does so by criticising the judgment of Peter Jackson J (now Peter Jackson LJ) and his letter to ‘Sam’. There are lots of things wrong with the family justice system; and take up of mediation is disappointing. To use Peter Jackson J’s direct communication with the subject of the application in his court, as a means of promoting referral to mediation is surely to pick the wrong target?’

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Family Law, 26th October 2017

Source: www.familylaw.co.uk

Covert Recording : A hot potato lob by the Court of Appeal – Transparency Project

Posted October 26th, 2017 in children, evidence, families, family courts, news, social services by sally

‘The Court of Appeal delivered judgment in Re B (A Child) [2017] EWCA Civ 1579 last week. In it they consider (but do not resolve) the question of how the Family Court should deal with evidence obtained by covert recording. Whilst it took the Court of Appeal almost a year from the hearing of the appeal to the delivery of judgment (see our post about the appeal hearing itself here), this particular potato remains red hot. The topic of recording – covertly or overtly, of social workers or children or otherwise – is discussed daily on private groups on Facebook, openly on other social media platforms – and, from time to time, in judgments of the Family Court and by lawyers.’

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Transparency Project, 24th October 2017

Source: www.transparencyproject.org.uk

Should children be heard in court? – Family Law

Posted October 26th, 2017 in children, family courts, news by sally

‘Politicians, campaigners and lawyers have long considered the extent to which children should be directly involved in Children Act proceedings.’

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Family Law, 25th October 2017

Source: www.familylaw.co.uk

Family court data links adverse family experiences with proven youth offending – Family Law

Posted October 23rd, 2017 in children, family courts, news, recidivists, young offenders, young persons by sally

‘Children in contact with the public law system are more likely to offend and commit multiple offences between the ages of 10 and 17 than those of the equivalent age group in the general population, according to an analytical summary published by the Ministry of Justice this week.’

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Family Law, 20th October 2017

Source: www.familylaw.co.uk

Should children be heard in English family court cases? – BBC News

Posted October 17th, 2017 in children, family courts, news, treaties, witnesses by tracey

‘Children, campaigners and some judges are calling for a change in the law so that children at the heart of family cases in England and Wales can talk in private to the judge if they so choose.’

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BBC News, 17th October 2017

Source: www.bbc.co.uk

Divorce forum disputes: when dual nationality may not be a possibility – Family Law

‘As there can be dramatic financial and other differences for an international family in proceedings in one country or another, jurisdiction is fundamentally important. It is sometimes based on nationality. But some countries prevent citizens having nationality of more than one country. International family lawyers need to be aware of which countries allow or prohibit dual nationality.’

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Family Law, 13th October 2017

Source: www.familylaw.co.uk

Senior judge warns over ‘shaming’ impact of legal aid cuts – The Guardian

‘One of the most senior family court judges has warned about the impact of legal aid cuts and said it was “shaming” to preside over cases in which individuals are forced to represent themselves.’

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The Guardian, 13th October 2017

Source: www.theguardian.com

Litigant-in-person figures expose family courts crisis – Law Society’s Gazette

Posted October 3rd, 2017 in arbitration, family courts, litigants in person, news, statistics by sally

‘Latest government figures highlighting the rising number of private law cases and litigants in person have prompted calls for the government to heed recent warnings about the family justice system.’

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Law Society's Gazette, 29th September 2017

Source: www.lawgazette.co.uk

Family court changes to protect children ‘lifesaving’ – BBC News

Posted October 2nd, 2017 in children, contact orders, custody, domestic violence, family courts, homicide, news by sally

‘New family court guidance to protect children from violent parents during custody disputes is “lifesaving,” domestic violence campaigners say.’

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BBC News, 29th September 2017

Source: www.bbc.co.uk

Domestic Abuse – revised guidance issued – what does it say?- Transparency Project

Posted September 28th, 2017 in domestic violence, family courts, news, practice directions by sally

‘Children at risk of psychogical or physical abuse must not have contact with parent, judges told (sic)

This was the headline in The Times that arose from the publication by the President of the Family Division of a revised Practice Direction 12J (PD12J). PD12J is the part of the family court rules that sets out how the court should deal with allegations of domestic abuse.’

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Transparency Project, 24th September 2017

Source: www.transparencyproject.org.uk

Public Law Clients with Learning Disabilities – Bridging the gap – Family Law Week

‘Gillian Geddes, barrister, of Hind Court considers the correct focus for public law arguments in support of parents with learning disabilities being allowed to care for their children.’

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Family Law Week, 20th September 2017

Source: www.familylawweek.co.uk