The use of testing for drugs and alcohol in FDAC – Family Law

‘The FDAC National Unit (NU) coordinates quarterly meetings for all FDAC substance misuse workers, to provide a forum for discussing issues arising from working in FDAC, which is a very different experience to working within adult treatment services. Issues that arise include being part of a multi-disciplinary team, working within the tight timescales of care proceedings, and the need to focus on the welfare of the child and the child’s timescales rather than solely on the parent/s. Issues relating to testing are also discussed regularly.’

Full Story

Family Law, 9th January 2018

Source: www.familylaw.co.uk

Privacy, the common law and a celebrity divorce – Transparency Project

Posted January 10th, 2018 in divorce, family courts, media, news, privacy by sally

‘Under the headline ‘Jamie and Louise Redknapp’s divorce papers to be kept secret as a judge blocks the release of documents’ the Transparency Project reported last week-end that the Press were complaining a London court had ‘blocked the release of papers that would normally be made public and he has not given a reason why’. The Daily Mail, TP said, had complained: ‘A judge has thrown a blanket of secrecy over the’ couple’s divorce.’

Full Story

Transparency Project, 9th January 2018

Source: www.transparencyproject.org.uk

Celebrities are given a smidgen of privacy at a difficult time in their lives shocker – Transparency Project

Posted January 8th, 2018 in civil procedure rules, family courts, media, news, privacy by sally

‘The Sun are very very cross. Why is that? Well…. Here’s the headline:

REDKNAPP DIVORCE SECRET
Jamie and Louise Redknapp’s divorce papers to be kept secret as a judge blocks the release of documents.’

Full Story

Transparency Project, 6th January 2018

Source: www.transparencyproject.org.uk

A fork in the road – Cafcass and their pathways – Transparency

Posted January 8th, 2018 in domestic violence, family courts, news, parental rights, social services by sally

‘A little while ago we wrote some about Cafcass’ new proposed High Conflict pathway, which had been hailed in the press as a big thing in terms of dealing effectively with parental alienation. We had been offered an interview with the Cafcass Principal Social Worker, which had cleared up some of our questions but which had raised others.’

Full Story

Transparency Project, 6th January 2018

Source: www.transparencyproject.org.uk

The open justice principle: a child’s crimes and a parent’s misdemeanour – Transparency Project

‘What legal principles connect publicity for the 17 year-old Charlie Pearce (born 3 July 2000), a double rapist and attempt murderer (R v Pearce (Press Restrictions) Haddon-Cave J (7 December 2017)) and privacy for a stalking mother who, with her cohabitant (‘Mr JM’) tried to disrupt her 10 year-old daughter T’s foster placement (Re T (A Child) [2017] EWCA Civ 1889 (23 November 2017)).’

Full Story

Transparency Project, 31st January 2018

Source: www.transparencyproject.org.uk

Finance and Divorce Update, December 2017 – Family Law Week

Posted December 20th, 2017 in divorce, family courts, financial provision, fraud, jurisdiction, news, solicitors by tracey

‘Frances Bailey Principal Associate and Naomi Shelton, Associate with Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during November 2017.’

Full Story

Family Law Week, 6th December 2017

Source: www.familylawweek.co.uk

Detecting assets in financial proceedings (Richardson-Ruhan v Ruhan) – Family Law

Posted December 19th, 2017 in divorce, family courts, financial provision, news, sham transactions, third parties by sally

‘Family analysis: In Richardson-Ruhan v Ruhan the court was concerned with assertions that assets belonging to the husband were held for him by a nominee, related commercial proceedings and arguments as to sham. Michael Chapman, partner, and Holly Tootill, senior associate, both from JMW, who acted for the wife in this case, answer some questions on this complicated and extensive decision.’

Full Story

Family Law, 18th December 2017

Source: www.familylaw.co.uk

Rise of LiPs “key challenge for family lawyers and courts system” – Legal Futures

‘The rise in the number of litigants-in-person in the family courts since the 2013 legal aid reforms has topped a poll of the causes of discontent among family law practitioners for the fifth year running.’

Full Story

Legal Futures, 15th December 2017

Source: www.legalfutures.co.uk

Child friendly courts: what we can learn from America – Legal Voice

Posted December 12th, 2017 in children, courts, family courts, news, victims, witnesses, young persons by sally

‘At the tender age of seven, I was faced with the prospect of having to go to court to give evidence. Fortunately, the case settled and I was spared the ordeal of going to court, but I will never forget the endless sleepless nights and distress I felt at the thought of it. The experience made me determined to do whatever I could when I was older to prevent any other child feeling this way.’

Full Story

Legal Voice, 11th December 2017

Source: www.legalvoice.org.uk

What Do Judges Do In The Family Court? – Gresham College

Posted December 11th, 2017 in family courts, judges, lectures, news by sally

‘What do judges do in the Family Court? Follow me through a virtual week as a Roving Judge. Learn what goes on behind the scenes: how the family court room works and who is needed to make it work.

A judge’s approach to a case can fundamentally affect the way the parties perceive the trial as fair. What makes for a good judge? What training do they have? Do they properly reflect society’s makeup? Is diversity left at the red baize door and kept outside the corridors of power?’

Full Story

Gresham College, 30th November 2017

Source: www.gresham.ac.uk

Evidence of children and vulnerable witnesses: Part 1 – Family Law

‘This article (the first of two) considers the evidence of any witness in family proceedings where that evidence diverges from the general procedural rules (as explained below) for evidence in family proceedings.’

Full Story

Family Law, 8th December 2017

Source: www.familylaw.co.uk

Social worker wins right to use documents for ECHR claim over judicial criticism – Local Government Lawyer

Posted December 8th, 2017 in care orders, disclosure, family courts, human rights, news, social services by sally

‘The President of the Family Division, Sir James Munby, has allowed a social worker to use restricted documents in proceedings to be brought over a judge’s critical remarks about her.’

Full Story

Local Government Lawyer, 6th December 2017

Source: www.localgovernmentlawyer.co.uk

President of the Family Division Circular: Financial remedies courts – Courts and Tribunals Judiciary

Posted December 5th, 2017 in family courts, financial provision, judges, press releases by tracey

‘The need for and the many benefits to be derived from the introduction of a national system of Financial Remedies Courts have been persuasively argued by HHJ Martin O’Dwyer, HHJ Edward Hess and Joanna Miles: Hess and Miles, The recognition of money work as a speciality in the family courts by the creation of a national network of Financial Remedies Units [2016] Fam Law 1335, and O’Dwyer, Hess and Miles, Financial Remedies Courts [2017] Fam Law 625. I have made clear my support for this: Note by the President [2016] Fam Law 1340, and 17th View from the President’s Chambers: divorce and money – where are we and where are we going? [2017] Fam Law 607.

Following discussions with HMCTS, I am proposing to pilot the Financial Remedies Court (FRC) concept in three places, starting, I hope, in February 2018: London, the West Midlands and South-East Wales. I envisage that further pilots will follow quite shortly on a rolling programme.’

Full press release

Courts and Tribunals Judiciary, 1st December 2017

Source: www.judiciary.gov.uk

Surrogacy and IVF cases put the courts under pressure, says senior judge – Daily Telegraph

Posted November 29th, 2017 in assisted reproduction, child abduction, family courts, news, surrogacy by sally

‘IVF and surrogacy cases are putting the courts under pressure, a High Court judge has said, as he urged an update to legislation.’

Full Story

Daily Telegraph, 28th November 2017

Source: www.telegraph.co.uk

Dodgy drug test results – what should I do? – Transparency Project

‘On 21 November the Ministry of Justice and Her Majesty’s Courts and Tribunal’s Service issued advice for those concerned about potentially unreliable forensic toxicology (drug) tests in some family cases. The advice also relates to criminal trials, but this post looks at the issue for people who have been involved with a family court case and who are worried that the test results may have been dodgy.’

Full Story

Transparency Project, 23rd November 2017

Source: www.transparencyproject.org.uk

Exploring applications for declarations of parentage (Akyuz v Akyuz) – Family Law

‘Private Client analysis: Michael Wells-Greco, partner at Charles Russell Speechlys, examines the issues in Akyuz v Akyuz and examines whether an application for a declaration of parentage should be dismissed or stayed on the basis of forum non conveniens.’

Full Story

Family Law, 24th November 2017

Source: www.familylaw.co.uk

Guidance on unreliable or manipulated forensic toxicology tests – Family Law

‘The Ministry of Justice (MoJ) has released guidance for those concerned about potentially unreliable forensic toxicology tests. This follows police investigations into the potential manipulation of forensic toxicology test results at two private companies, Trimega Laboratories Limited and Randox Testing Services. The test results were used as expert evidence in England and Wales. The guidance includes examples which aim to help people understand where toxicology tests may have been used as part of decision making in court cases, and provides advice for those who believe their case may have been adversely affected by manipulated test results.’

Full Story

Family Law, 24th November 2017

Source: www.familylaw.co.uk

Regulator calls for better scrutiny of drug testing in family courts – The Guardian

Posted November 24th, 2017 in alcohol abuse, drug abuse, evidence, family courts, forensic science, news by tracey

‘The government’s forensic regulator has called for fresh scrutiny of drug and alcohol testing carried out for the family courts, after a scandal at a Manchester laboratory raised doubts about the quality of evidence used in thousands of child custody proceedings.’

Full Story

The Guardian, 24th November 2017

Source: www.theguardian.com

The court’s role in sanctioning medical treatment and the withdrawal of medical treatment of children: “Parental autonomy and a child’s best interests: Should the courts have the final say?” – Transparency Project

Posted November 22nd, 2017 in children, family courts, medical treatment, news, parental rights by sally

‘This was the vexed question posed at the 11th Family Justice Council Annual Debate last night. (The discussion was chaired by the Right Honourable Sir James Munby, President of the Family Division of the High Court and Chairman of the Family Justice Council).’

Full Story

Transparency Project, 22nd November 2017

Source: www.transparencyproject.org.uk

Elsie Scully-Hicks – Family Court Judgment Released – Transparency Project

Posted November 21st, 2017 in adoption, child abuse, family courts, judgments, murder, news by sally

‘Mr Justice Moor has today [20 November] published his judgment about the death of Elsie (known to her biological family as Shayla). You can read the judgment here: The County Council of the City and County of Cardiff -v- Matthew Scully-Hicks and Others.’

Full Story

Transparency Project, 20th November 2017

Source: www.transparencyproject.org.uk