Judge orders woman to directly arrange childcare arrangements with rapist ex-husband – The Independent

‘A judge has been criticised for ordering a rape victim to directly arrange childcare with an ex-husband who subjected her to rape and domestic abuse.’

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The Independent, 11th May 2023

Source: www.independent.co.uk

One in ten private family law applications involve non-parents, research finds – Local Government Lawyer

Posted April 27th, 2023 in child arrangements orders, families, family courts, news, reports, statistics by sally

‘Research published by Nuffield Family Justice Observatory (Nuffield FJO) has found that private family law applications involving non-parents are diverse, and “circumstances may overlap with public law cases”.’

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Local Government Lawyer, 26th April 2023

Source: www.localgovernmentlawyer.co.uk

Can an adult child seek maintenance from their parents? – Family Law

‘There have recently been two cases in which adult children have begun court proceedings seeking a formal court order to force their parents into providing ongoing financial support to them.’

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Family Law, 12th April 2023

Source: www.familylaw.co.uk

Custody, carer, client: family lawyers identify ‘harmful’ words – Law Society’s Gazette

Posted April 13th, 2023 in divorce, families, family courts, legal language, news by sally

‘Custody, versus, battle, opponent, rights, parties and dispute – these are the words family law professionals consider the most harmful to family relationships, according to the Family Solutions Group. The group, set up by Mr Justice Cobb in 2020, marked the first anniversary of no-fault divorce reforms by calling for an end to “combative” language in family separation cases.’

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Law Society's Gazette, 11th April 2023

Source: www.lawgazette.co.uk

Secure Accommodation Order applications do not need a Circuit Judge – Becket Chambers

‘This article will set out the law in relation to the judicial allocation for applications under s.25 of the Children Act 1989.’

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Becket Chambers, 2nd March 2023

Source: becket-chambers.co.uk

Spousal applications for reasonable financial provision under section 1 (1) (a) of the Inheritance Act 1975: Law and procedure and the judgment of Mr Justice Peel in Kaur v Estate of Karnail Singh & Ors [2023] EWHC 304 (Fam) – Becket Chambers

‘It was, Mr Justice Peel concluded, “the clearest possible case” for reasonable financial provision from a deceased’s estate under section 1 (1) (a) of the Inheritance (Provision for Family and Dependants) Act 1975 (IA 1975).’

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Becket Chambers, 15th March 2023

Source: becket-chambers.co.uk

Why we hardly ever see published family court judgments – Transparency Project

Posted April 3rd, 2023 in anonymity, children, families, family courts, judgments, judiciary, news by sally

‘Amidst the attention being paid to the courts in the Reporting Pilot, especially the series of broadcasts on the BBC Today programme by Sanchia Berg recently, other outputs from the President’s Transparency Implementation Group (TIG) have been slowly emerging.’

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Transparency Project, 31st March 2023

Source: transparencyproject.org.uk

Family Law Newsletter – Spire Barristers

‘Family Law Newsletter Issue #65; including articles from around the web, Legislation updates and Case Updates from Care Proceedings and Financial Remedy matters.’

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Spire Barristers, 2nd March 2023

Source: spirebarristers.co.uk

I’ve seen abusers use family courts to control and torment victims – but change is coming – The Guardian

‘A pilot scheme is inviting journalists into England and Wales’s most private courtrooms. This can expose those who use litigation as a weapon.’

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The Guardian, 29th March 2023

Source: www.theguardian.com

Defining “family graves” – Re Blagdon revisited (I) – Law & Religion UK

Posted March 29th, 2023 in burials and cremation, Christianity, families, family courts, news by sally

‘In Re Blagdon Cemetery [2002] Fam 299, the Arches Court reviewed the circumstances under which burial in a “family grave” might be considered as an exception to the general presumption of permanence of Christian burial arising from the initial act of interment.’

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Law & Religion UK, 28th March 2023

Source: lawandreligionuk.com

‘Wrong people, time and attitude’: Society’s warning over mediation reforms – Law Society’s Gazette

Posted March 24th, 2023 in children, dispute resolution, divorce, families, family courts, Law Society, news by sally

‘Compulsory mediation could force the wrong people into a process at the wrong time with the wrong attitude, the Law Society has warned in response to government plans to get more family disputes resolved away from court.’

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Law Society's Gazette, 24th March 2023

Source: www.lawgazette.co.uk

Plans to protect children under under new mediation reforms – Ministry of Justice

‘Thousands of children could be protected from witnessing their parents thrash out family disputes through the courts, following plans to mandate mediation for separating families announced today (23 March 2023).’

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Ministry of Justice, 23rd March 2023

Source: www.gov.uk

Separating parents could be forced to go to mediation under Raab plans – The Guardian

‘Thousands of children in England and Wales could be protected from witnessing their parents pitted against each other in the courts under proposals to legally enforce mediation for separating families.’

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The Guardian, 23rd March 2023

Source: www.theguardian.com

Judge excoriates “shameless” family case with costs of £5.5m – Legal Futures

‘A family court judge has described a case where the two parties racked up costs of £5.5m as “one of the most shameless pieces of litigation” he has ever seen.’

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Legal Futures, 20th March 2023

Source: www.legalfutures.co.uk

How the courts deal with financial remedies in a short marriage – Family Law Week

‘I recently fought a case where the parties divorced after eighteen months. There is no formal definition of a short marriage, but there are some benchmarks. The median marriage in the UK at the time of divorce was 12.3 years in 2021 for opposite-sex couples while the most common duration of marriage was 8 years. The figures are lower for same-sex couples who have only been able to divorce since 2015. On this basis, my case was likely to qualify as a short marriage.’

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Family Law Week, 13th March 2023

Source: www.familylawweek.co.uk

Is Sharing Caring? Disclosures from the Family Courts to Professional Regulators – UK Human Rights Blog

‘The Guardian newspaper reported the decision in Re X (Disclosure to Social Work England: Findings of Domestic Abuse) [2023] EWHC 447 (Fam) with the headline, “social worker who abused ex-partner loses fight to keep details from regulator”. Reading that one might instinctively think, “well, of course he lost”. For my part, when I read beyond the Guardian’s journalism and into Knowles J’s 67 paragraph judgment in this matter, I may also have thought “well, of course he lost”.’

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UK Human Rights Blog, 14th March 2023

Source: ukhumanrightsblog.com

Court of Appeal rejects claim by mother Family Court should not have made placement order after her lawyers withdrew at advanced stage – Local Government Lawyer

‘The Family Court did not act unfairly when a judge refused to adjourn an adoption case when the mother’s solicitors withdrew at a late stage, the Court of Appeal had decided.’

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Local Government Lawyer, 8th March 2023

Source: www.localgovernmentlawyer.co.uk

Tighter regulation of psychologists in family law cases up to MPs, says senior judge – The Guardian

Posted February 27th, 2023 in expert witnesses, families, family courts, judges, news, psychiatrists by sally

‘England’s most senior family court judge has advised there is a “need for rigour” and “clarity” when instructing psychologists to give expert evidence – but has stopped short of saying the family courts should never appoint those who are “unregulated”.’

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The Guardian, 26th February 2023

Source: www.theguardian.com

Senior judge issues guidance on instruction of un-regulated psychologists in Family Court – Local Government Lawyer

Posted February 24th, 2023 in expert witnesses, families, family courts, judges, news, psychiatrists by sally

‘The President of the Family Division has issued guidance on the instruction of un-regulated psychologists as experts in the Family Court.’

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Local Government Lawyer, 23rd February 2023

Source: www.localgovernmentlawyer.co.uk

Charities urge Justice Secretary Dominic Raab to guarantee better protection for women in Family Courts – Family Law

Posted February 21st, 2023 in cross-examination, domestic violence, family courts, harassment, news, victims by sally

‘The Family Courts are failing survivors of domestic abuse, according to 28 leading women’s charities, solicitors and survivors. A letter signed by the group has been delivered to Secretary of State for Justice Dominic Raab today, calling for urgent action to stop the practice of perpetrators of domestic abuse from cross examining their victims in court.’

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Family Law, 20th February 2023

Source: www.familylaw.co.uk