Family arbitration : It’s arbitration, but not as we know it – Transparency Project

Posted August 2nd, 2021 in arbitration, dispute resolution, families, family courts, jurisdiction, news by sally

‘Let us start briefly with the idea of arbitration. It has been used for centuries to resolve commercial disputes. Unlike mediation, where parties must come to their own agreement which the mediator helps to facilitate, an arbitration is a contractual agreement to be bound by the decision of the arbitrator. Various schemes exist which allow commercial parties to appoint an arbitrator.’

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Transparency Project, 30th July 2021

Source: www.transparencyproject.org.uk

More needs to be done to ensure remote hearings are fair and work smoothly, say family professionals – Local Government Lawyer

‘Nearly two thirds of professionals responding to the latest Nuffield Family Justice Observatory (NFJO) rapid consultation feel that more needs to be done to ensure that remote hearings are fair and work smoothly.’

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Local Government Lawyer, 26th July 2021

Source: www.localgovernmentlawyer.co.uk

Applying the CMS Formula in High Income Cases – Family Law Week

‘Joshua Viney, barrister, and Henry Pritchard, pupil barrister, both of 1 Hare Court, explore the circumstances in which it might be unfair to apply the CMS formula.’

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Family Law Week, 14th July 2021

Source: www.familylawweek.co.uk

No need to change on ‘Freedom Day’ how family courts and Court of Protection have been operating, says Family President – Local Government Lawyer

‘The President of the Family Division has ruled out issuing firm guidance on how the family courts and the Court of Protection should approach their work after 19 July – dubbed “Freedom Day” – when coronavirus restrictions are lifted by the Government.’

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Local Government Lawyer, 15th July 2021

Source: www.localgovernmentlawyer.co.uk

Family Court judge issues ruling to highlight successful use of “Resolutions Model” – Local Government Lawyer

‘A mother and daughter have been reunited under the rarely used ‘Resolutions Model’ by the Family Court.’

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Local Government Lawyer, 8th July 2021

Source: www.localgovernmentlawyer.co.uk

The Lachaux libel case returns with an expensive result for the publishers – Transparency Project

‘This post is not about family law; it’s about defamation law. It involves alleged behaviour by a husband (Bruno Lachaux) to his wife (Afsana Lachaux). Since their separation, Mr and Mrs Lachaux have been involved in litigation in the family court which we wrote about in September last year. That litigation involved both financial matters and children matters. There was also a separate ongoing libel case brought by Mr Lachaux regarding a number of publications about his marriage. Mrs Lachaux was not a party in the libel case.’

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Transparency Project, 7th July 2021

Source: www.transparencyproject.org.uk

Social Worker awarded damages in Strasbourg for unfair accusations of professional misconduct – UK Human Rights Blog

‘The United Kingdom has been ordered by the European Court of Human Rights to pay damages and legal costs to a social worker who was unfairly accused of professional misconduct by a Family Court judge.’

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UK Human Rights Blog, 7th July 2021

Source: ukhumanrightsblog.com

Reporting restrictions in end of life cases: anonymity for treating clinicians – UK Human Rights Blog

‘The focus of this judgment was on the jurisdiction, if any, that the High Court Family Division has to maintain a Reporting Restriction Order (‘RRO’) prohibiting the naming of any medical clinicians as being involved in the care and treatment of a child who had been the subject of “end of life” proceedings before the High Court prior to their death, and where an RRO had been made at that time preventing the identification of any of the treating clinicians and staff until further order.’

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UK Human Rights Blog, 6th July 2021

Source: ukhumanrightsblog.com

Law Society warns against remote hearings in public law children cases where parties have limited access to technology – Local Government Lawyer

‘Public law children cases where a party has limited access to technology or where parties require an intermediary or a translator are instances where remote hearings may not be the best format, the Law Society has warned.’

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Local Government Lawyer, 5th July 2021

Source: www.localgovernmentlawyer.co.uk

European Court of Human Rights orders UK Government to pay €84k to social worker criticised by Family Court judge – Local Government Lawyer

‘The European Court of Human Rights has ordered the Government to pay €24,000 for non-pecuniary damage and €60,000 in legal costs to a social worker who was accused of professional misconduct by a Family Court judge in the course of a fact-finding hearing.’

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Local Government Lawyer, 23rd June 2021

Source: www.localgovernmentlawyer.co.uk

Religious circumcision in the courts again: P – Law & Religion UK

‘In P (Circumcision: Child in Care) [2021] EWHC 1616 (Fam), a boy aged 21 months, P, was subject to an interim care order in favour of X Local Authority. P’s mother, supported by P’s father, who were Muslim, sought the court’s authorisation to have P circumcised [2 & 3]. P had lived all his life with relatives, Mr and Mrs R, who were likely soon to become his permanent carers under a Special Guardianship Order [1]: they were not Muslims but had agreed that they would care for P throughout his life and would respect his Muslim heritage [7]. P also had an older brother and an older half-brother who lived with other relatives (not Mr and Mrs R), also under a Special Guardianship Order [5]’

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Law & Religion UK, 16th June 2021

Source: lawandreligionuk.com

Family Arbitration: the outlook after Haley – Family Law

‘The recent decision of the Court of Appeal in Haley v Haley [2020] EWCA Civ 1369 (case report at [2021] Fam Law 37) settled an important issue for family arbitration. It established that contested awards in the area of financial remedy could be reviewed by the Family Court by a process akin to an appeal against decisions made in court proceedings, and on the same basis as such an appeal: that the decision is “wrong”. This article assesses the significance of the decision by looking at its background and context. It sets out our understanding of the procedural implications. Finally, it identifies remaining areas of uncertainty and offers some views as to how they might be resolved.’

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Family Law, 17th June 2021

Source: www.familylaw.co.uk

Judge dismisses application by birth parents for boy in interim care to be circumcised before second birthday – Local Government Lawyer

‘A High Court judge has dismissed an application by a mother for a boy (P), who is aged 21 months and in interim care, to be circumcised in accordance with the custom of the Muslim faith before his second birthday.’

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Local Government Lawyer, 15th June 2021

Source: www.localgovernmentlawyer.co.uk

Family Affairs Financial Remedies Update June 2021 – St John’s Chambers

‘Not for the first time, the reported cases are dominated by parties with limited connection with England and Wales, or indeed with the quotidian financial experience of most of those involved in litigation before our courts. There is a handful of cases which address the impact of the pandemic but, as Judge Kloss observed in one, the fact that there has not been a ‘tsunami’ of Barder applications suggests that the exceptionality condition for such applications is being recognised.’

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St John's Chambers, 8th June 2021

Source: www.stjohnschambers.co.uk

Terminating a father’s responsibility for the child – Local Government Lawyer

Posted June 11th, 2021 in children, families, family courts, news, parental responsibility by tracey

‘Fran Massarella reports on a recent case concerning an application to terminate a father’s responsibility for the child pursuant to s.4(2A) of the Children Act 1989.’

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Local Government Lawyer, 11th June 2021

Source: www.localgovernmentlawyer.co.uk

Costs orders – litigate at your peril – Family Law

‘It seems there has been a never-ending line of costs commentary flowing through the reported decisions from financial remedy courts as of late. There is a clear trend of encouraging the making of costs orders; something that was far from the norm of no costs orders in contested financial remedy proceedings a few years ago. The reasons for this encouragement are many and possibly speculative; perhaps a by-product of the cuts to Legal Aid and therefore the lack of access to legal representation inevitably leading to extensive, unnecessary, and unmeritorious litigation, perhaps a consequence of the continued backlog in the family courts, perhaps an ancillary product of the widening parameters of judicial discretion and uncertainty?’

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Family Law, 3rd June 2021

Source: www.familylaw.co.uk

Postcode lottery for baby care orders – judge – BBC News

‘Care order applications are usually made when social workers decide a mother is unable to look after her child on her own. The baby will probably go into foster care and it may be adopted.’

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BBC News, 4th June 2021

Source: www.bbc.co.uk

Withdrawal of life sustaining treatment v profound religious beliefs in sanctity of life – UK Human Rights Blog

‘Alta Fixsler was born with catastrophic brain injury. She now two years old, currently a patient at the Royal Manchester Children’s Hospital Paediatric Intensive Care Unit on intensive life sustaining treatment. In this case the court was asked to decide whether it would be in Alta’s best interests for that life-sustaining treatment to be continued. The inevitable consequence of it being discontinued will be the death of Alta.’

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UK Human Rights Blog, 3rd June 2021

Source: ukhumanrightsblog.com

Order made by email in childcare case exhibited “serious procedural irregularity”, Court of Appeal rules – Local Government Lawyer

Posted June 3rd, 2021 in case management, electronic mail, family courts, mental health, news by sally

‘An order made by email to vacate a psychological assessment in a childcare case was wrong and unjust for “serious procedural irregularity”, the Court of Appeal has ruled.’

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Local Government Lawyer, 2nd June 2021

Source: www.localgovernmentlawyer.co.uk

Research briefing: Children: child arrangements orders – safeguards when domestic abuse issues arise (England and Wales) – House of Commons

Posted May 27th, 2021 in child arrangements orders, domestic violence, family courts, news by tracey

‘This briefing provides information on how the family courts address issues of domestic abuse in private law proceedings relating to children, in particular proceedings relating to child arrangements orders. The final two sections of the briefing provide information on proposals for reform in this area.’

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House of Commons, 26th May 2021

Source: commonslibrary.parliament.uk