Law Society calls for civil legal aid increase over unrepresented parties in family court – Law Society’s Gazette

Posted April 26th, 2024 in families, family courts, fees, Law Society, legal aid, legal representation, news by sally

‘The Law Society today expressed its ‘extreme concern’ over the increased number of litigants in person in private family law cases in the decade since the Legal Aid, Sentencing and Punishment of Offenders Act came in to force.’

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Law Society's Gazette, 26th April 2024

Source: www.lawgazette.co.uk

Concerns over violence and threatening behaviour sees robing pilot introduced for judges in Central Family Court – Local Government Lawyer

‘Judges sitting at the Central Family Court will wear robes during proceedings from this week (15 April 2024), in a pilot intended to explore the impact of increased formality in family courts.’

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Local Government Lawyer, 15th April 2024

Source: www.localgovernmentlawyer.co.uk

Judge urges police to “carefully consider” position and role of Family Court when determining bail conditions – Local Government Lawyer

Posted April 12th, 2024 in bail, children, families, family courts, fostering, judges, local government, news, police by sally

‘The High Court has ruled that a family court judge was in a “much better position” to determine whether unsupervised contact with a child could be appropriately managed, than were the Police.’

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Local Government Lawyer, 11th April 2024

Source: www.localgovernmentlawyer.co.uk

City council wins appeal over offer of accommodation with one bedroom to father of four – Local Government Lawyer

Posted April 9th, 2024 in appeals, families, family courts, housing, local government, news by tracey

‘The Court of Appeal has allowed an appeal by Cambridge City Council over whether it was justified in offering the claimant/respondent accommodation with one bedroom despite him wanting a home large enough for his children to stay overnight when visiting.’

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Local Government Lawyer, 9th April 2024

Source: www.localgovernmentlawyer.co.uk

Family lawyers join forces to support neurodivergent community – Law Society’s Gazette

‘Family lawyers from different firms and chambers have joined forces to set up a specialist group dedicated to ensuring the neurodivergent community has equal access to justice.’

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Law Society's Gazette, 3rd April 2024

Source: www.lawgazette.co.uk

High Court allows parental order application despite existence of US adoption order – Local Government Lawyer

‘The President of the Family Division has determined the issue of whether or not the commissioning parents of a child born through a surrogacy arrangement in the USA, who had already adopted their child in that country, were nevertheless entitled to have a parental order granted in their favour in England and Wales.’

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Local Government Lawyer, 2nd April 2024

Source: www.localgovernmentlawyer.co.uk

Adoption applicant wins appeal after judge refused to allow them to attend hearing – Local Government Lawyer

Posted March 26th, 2024 in adoption, family courts, news, notification, private hearings by tracey

‘The Court of Appeal has allowed an appeal against a judge’s decision to refuse permission for prospective adopters to attend a final adoption hearing either in person or remotely, and to refuse their request for a transcript of the hearing.’

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Local Government Lawyer, 25th March 2024

Source: www.localgovernmentlawyer.co.uk

HMP Woodhill: Prison staff made insufficient checks on inmate found dead – BBC News

‘Prison staff failed to properly check on a prisoner the morning he was found dead, the prisons ombudsman has ruled.’

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BBC News, 18th March 2024

Source: www.bbc.co.uk

Case Law Update: Re Z (Prohibition on Cross-Examination: No QLR) [2024] EWFC 22 – Parklane Plowden Chambers

Posted March 13th, 2024 in chambers articles, families, family courts, legal representation, news by sally

‘Sir Andrew McFarlane (President of the Family division) has handed down a very helpful and hotly anticipated judgment regarding the approach the court should adopt when it has directed a QLR be appointed for a party but no QLR has been found. Sir Andrew McFarlane took the opportunity to provide this judgment following a substantive judgment given at the conclusion of a fact-finding hearing.’

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Parklane Plowden Chambers, 19th February 2024

Source: www.parklaneplowden.co.uk

Profession disappointed with slim Budget pickings – Legal Futures

‘The legal profession yesterday expressed disappointment at the lack of attention given to the justice system in the Spring Budget, which will see the Ministry of Justice’s expenditure fall next year by half a billion pounds.’

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Legal Futures, 7th March 2024

Source: www.legalfutures.co.uk

Family Drug and Alcohol Court model suitable for domestic abuse cases even where no substance misuse, says judge – Local Government Lawyer

Posted March 7th, 2024 in alcohol abuse, domestic violence, drug abuse, family courts, news by sally

‘A judge sitting in the Family Court has highlighted the successful use of the Family Drug and Alcohol Court (FDAC) model in a case where the main presenting difficulty was domestic abuse.’

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Local Government Lawyer, 6th March 2024

Source: www.localgovernmentlawyer.co.uk

New protocol issued on disclosure of information between family and criminal agencies and jurisdictions – Local Government Lawyer

Posted March 6th, 2024 in disclosure, families, family courts, local government, news, police by sally

‘A new Protocol on the disclosure of information between family and criminal agencies and jurisdictions has been launched by the judiciary.’

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Local Government Lawyer, 5th March 2024

Source: www.localgovernmentlawyer.co.uk

Family Law Newsletter – February 2024 – Spire Barristers

Posted March 6th, 2024 in chambers articles, children, families, family courts, news by sally

‘Family Law Newsletter – February 2024; Articles, news, legislation updates and case updates from Care Proceedings, Private Law and Financial Remedy matters.’

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Spire Barristers, 26th February 2024

Source: www.spirebarristers.co.uk

Launch of the Disclosure of Information between Family and Criminal Agencies and Jurisdictions: 2024 Protocol – Courts & Tribunals Judiciary

‘The Disclosure of Information between Family and Criminal Agencies and Jurisdictions: 2024 Protocol comes into effect on 1 March 2024. It replaces the 2013 Protocol and Good Practice Model: disclosure of information in cases of alleged child abuse and care directions hearings.’

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Courts & Tribunals Judiciary, 1st March 2024

Source: www.judiciary.uk

High Court authorises deprivation of liberty of seven-year-old child in registered children’s home – Local Government Lawyer

‘The High Court has granted a local authority’s application to deprive a seven-year-old boy of his liberty, with directions to use the “minimum degree of force or restraint required”.’

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Local Government Lawyer, 1st March 2024

Source: www.localgovernmentlawyer.co.uk

High Court judge provides guidance on applications for psychological assessments in care proceedings – Local Government Lawyer

Posted February 27th, 2024 in care orders, family courts, news, psychiatrists, social services by tracey

‘A High Court judge has given guidance on when applications for a psychologist to undertake a cognitive assessment in care proceedings should be made and the approach that the Family Court should take, warning that “misconceived applications are exceedingly common”.’

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Local Government Lawyer, 27th February 2024

Source: www.localgovernmentlawyer.co.uk

Use of intermediaries in the Family Court – Local Government Lawyer

‘Louise Thomson analyses a judgment containing valuable guidance on the use of intermediaries in the Family Court.’

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Local Government Lawyer, 16th February 2024

Source: www.localgovernmentlawyer.co.uk

Judge hails “vital” role of Family Drug and Alcohol Court after making supervision order – Local Government Lawyer

Posted February 15th, 2024 in alcohol abuse, drug abuse, families, family courts, news, supervision orders by sally

‘A Family Court judge has made a supervision order for a period of 12 months in order for a baby boy to remain in the care of his parents, in light of the progress they have made through participation in the Family Drug and Alcohol Court (FDAC) programme.’

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Local Government Lawyer, 14th February 2024

Source: www.localgovernmentlawyer.co.uk

CA warns against misuse of judgment clarification procedure – Legal Futures

Posted February 13th, 2024 in appeals, care orders, family courts, judgments, news, reasons by tracey

‘The delivery of a judgment “is not a transactional process” and its contents are “not open to negotiation”, the Court of Appeal has warned, saying the clarification procedure was being misused in family cases.’

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Legal Futures, 12th February 2024

Source: www.legalfutures.co.uk

Maintenance for a disabled adult child: a case of legal blogging – Transparency Project

‘Between August 2022 and June 2023, I observed, online, a number of hearings in a single case heard by His Honour Judge Shelton who is a judge in the family court in Leeds. The case was about the amount of money that the father/ex husband (James) should pay towards his ex-wife Beth and their daughter Isabelle. (These are fake names.) He had been paying £100 per month to Beth and £1500 to Isabelle. The case was unusual because Isabelle was an adult. Normally, a parent would not have to pay maintenance for an adult child, but there are exceptions to this and one of the exceptions is where the adult child is disabled. Isabelle has multiple physical and intellectual difficulties She lived with Beth in an adapted home and Beth provided her with full-time care, including with the help of various carers.’

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Transparency Project, 6th February 2024

Source: transparencyproject.org.uk