Category: family courts

Jehovah’s Witnesses and blood products: Re J – Law & Religion UK

Posted May 13th, 2024 in blood products, Christianity, family courts, hospitals, medical treatment, news, young persons by tracey

‘In J (Blood Transfusion: Older Child: Jehovah’s Witnesses), Re [2024] EWHC 1034 (Fam), J was a baptised Jehovah’s Witness aged 17 years 7 months who was awaiting abdominal surgery. As a Jehovah’s Witness, he did not consent to the use of blood products in the event of a significant uncontrolled intra-operative or post-operative bleed [1 & 2]. The Applicant, the University Hospitals Plymouth NHS Trust, applied to the court for a declaration that it would be lawful and in J’s best interests for him to receive blood products if required in the event of an emergency in the surgery.’

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Law & Religion UK, 10th May 2024

Source: lawandreligionuk.com

A seismic change in ethos and practice – Family Law

Posted May 13th, 2024 in dispute resolution, families, family courts, news by tracey

‘Caroline Bowden, a member of the Private Family Law Early Resolution Working Group which first examined what changes were needed, looks at the effect of the revised rules on everyone working in family law, both in and out of court.’

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Family Law, 10th May 2024

Source: www.familylaw.co.uk

Case Law Update: Savage V Savage [2024] EWCA Civ 49 – St Philips Barristers

Posted May 10th, 2024 in appeals, chambers articles, family courts, news, statutory interpretation, trusts by sally

‘In Savage v Savage [2024] EWCA Civ 49 (“Savage”), the Court of Appeal reached a much required decision on the statutory interpretation of Section 15 of the Trusts of Land and Appointment of Trustees Act 1996 (“TOLATA 1996”) and held that, when considering an application under Section 14 TOLATA 1996 and a dispute between beneficiaries of a trust of land, the Court was permitted to consider the circumstances and wishes of the minority beneficiaries under Section 15 (3) TOLATA 1996.’

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St Philips Barristers, 16th April 2024

Source: st-philips.com

Diverse minds, Diverse decisions: How is neurodiversity considered in the Family Justice System? – Kingsley Napley Family Law Blog

Posted May 9th, 2024 in autism, children, families, family courts, news by sally

‘Amidst the growing awareness and understanding of neurodiversity in the UK, there has been a notable surge in adults and children being diagnosed with conditions like autism and attention deficit/hyperactivity disorder (ADHD) in particular. It is estimated that around 1 in 7 people in the UK are neurodivergent. This cultural shift has left parents and families navigating the family justice system increasingly curious about how their, their spouse or their child’s neurodiversity will factor into the court’s decision-making process. This blog will address if and how the family justice system accounts for a parent or child’s neurodiversity in children proceedings and financial remedy proceedings.’

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Kingsley Napley Family Law Blog, 8th May 2024

Source: www.kingsleynapley.co.uk

What’s the Point of a Judgment? Examples, Authorities and the Panopticon – Financial Remedies Journal

Posted May 7th, 2024 in family courts, financial provision, judgments, law reports, news, reasons by tracey

“What’s the Point of a Judgment? Examples, Authorities and the Panopticon.”

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Financial Remedies Journal, 2nd May 2024

Source: financialremediesjournal.com

Family Law Newsletter – Spire Barristers

Posted May 3rd, 2024 in chambers articles, children, families, family courts, news by sally

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

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Spire Barristers, 22nd April 2024

Source: www.spirebarristers.co.uk

Hadkinson Orders: the Need to Show Restraint – Financial Remedies Journal

Posted May 2nd, 2024 in contempt of court, family courts, financial provision, news, periodical payments by sally

‘This article addresses ‘Hadkinson’ orders (Hadkinson v Hadkinson [1952] All ER 567), in light of several recent cases handed down over a short period of time, highlighting the potential limitations as to their availability, namely:
– Williams v Williams [2023] EWHC 3098 (Fam) – Moor J
– WX v HX [2023] EWFC 279 – Recorder Day
– L v O [2024] EWFC 6 – Cobb J
– Re Z (No 5) (Enforcement) [2024] EWFC 44 – Cobb J’

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Financial Remedies Journal, 17th April 2024

Source: financialremediesjournal.com

Rule changes steer families towards non-court dispute resolution – Law Society’s Gazette

Posted April 30th, 2024 in dispute resolution, families, family courts, news, regulations by tracey

‘Family lawyers have welcomed changes to the family procedure rules coming into force today which could see more disputes resolved away from court.’

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Law Society's Gazette, 29th April 2024

Source: www.lawgazette.co.uk

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

Posted April 16th, 2024 in court dress, family courts, judiciary, news, pilot schemes, threatening behaviour, violence by tracey

‘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

Posted April 4th, 2024 in autism, family courts, legal advice, legal profession, news, special educational needs by tracey

‘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

Posted April 3rd, 2024 in children, families, family courts, local government, news, parental rights, surrogacy by tracey

‘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

Posted March 18th, 2024 in children, death in custody, domestic violence, families, family courts, imprisonment, mental health, murder, news, ombudsmen, prisons, suicide by tracey

‘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

Posted March 8th, 2024 in artificial intelligence, budgets, Crown Prosecution Service, family courts, government departments, HM Courts Service, legal aid, legal profession, Ministry of Justice, news by sally

‘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