family courts – Page 12 – Current Awareness

When a case is described finely balanced, how important are the children’s expressed wishes and feelings? Dorset Council v M & Ors (Removal : Balance of Harm) [2021] EWFC B43 – Transparency Project

Posted September 8th, 2021 in adoption, care orders, children, families, family courts, fostering, local government, news by sally

‘Every case is fact specific but what makes cases like this interesting is seeing what it was that made the Judge’s decision fall on the opposite side of the line to the professionals when the decision is said to be “finely balanced” and “on a knife edge”.’

Transparency Project, 7th September 2021

Source: www.transparencyproject.org.uk

Eight things you need to know: Personal Injury damages in divorce cases – Family Law

Posted August 13th, 2021 in damages, divorce, families, family courts, financial dispute resolution, financial provision, news, personal injuries by tracey

‘The “pre-acquired” or “non-matrimonial” argument is one which has taken up much commentary in family law circles over recent years. However, the conundrum can be even more challenging when considering personal injury damages that one party may have received in order to meet their specific needs arising from an accident or injury.’

Family Law, 12th August 2021

Source: www.familylaw.co.uk

Court of Appeal calls for fresh attention to fundamental principles of good case management in care proceedings as workload grows – Local Government Lawyer

Posted August 12th, 2021 in appeals, care orders, case management, family courts, news by sally

‘The desired shift in professional practice in care proceedings can be achieved by paying fresh attention to the fundamental principles of good case management, the Court of Appeal has stressed in two cases appealed from the Family Court at Leeds.’

Local Government Lawyer, 12th August 2021

Source: www.localgovernmentlawyer.co.uk

Rebalancing the Family Justice System – Family Law Week

Posted August 11th, 2021 in child abuse, children, domestic violence, families, family courts, news by tracey

‘Syvil Lloyd Morris, Solicitor Advocate and co-founder of Bastian Lloyd Morris, challenges three precepts of the Family Justice System.’

Family Law Week, 10th August 2021

Source: www.familylawweek.co.uk

Is the public law family justice system failing those it is supposed to serve? – Family Law Week

Posted August 6th, 2021 in barristers, families, family courts, news by tracey

‘Celestine Greenwood, barrister of Exchange Chambers, offers a personal observation as to the extent that the family justice system adequately and properly serves our society.’

Family Law Week, 5th August 2021

Source: www.familylawweek.co.uk

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.’

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

Posted July 27th, 2021 in consultations, coronavirus, families, family courts, legal representation, litigants in person, local government, news, remote hearings, statistics by sally

‘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.’

Local Government Lawyer, 26th July 2021

Source: www.localgovernmentlawyer.co.uk

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

Posted July 16th, 2021 in children, divorce, families, family courts, financial dispute resolution, financial provision, news by tracey

‘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.’

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

Posted July 15th, 2021 in coronavirus, Court of Protection, electronic filing, family courts, local government, news, remote hearings by tracey

‘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.’

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

Posted July 8th, 2021 in care orders, child cruelty, children, families, family courts, local government, news by sally

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

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

Posted July 8th, 2021 in burden of proof, damages, defamation, domestic violence, families, family courts, media, news by sally

‘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.’

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

Posted July 8th, 2021 in appeals, child abuse, children, compensation, costs, damages, defamation, families, family courts, human rights, joint enterprise, local government, news, professional conduct, sexual offences, social services by sally

‘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.’

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

Posted July 7th, 2021 in anonymity, birth, causing death of children or vulnerable adults, children, damages, doctors, families, family courts, freedom of expression, hospitals, human rights, jurisdiction, media, negligence, news, reporting restrictions, whistleblowers by sally

‘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.’

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

Posted July 6th, 2021 in children, consultations, coronavirus, Court of Protection, families, family courts, Law Society, news, remote hearings by sally

‘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.’

Local Government Lawyer, 5th July 2021

Source: www.localgovernmentlawyer.co.uk

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

Posted June 18th, 2021 in children, families, family courts, guardianship, human rights, Islam, local government, news by tracey

‘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]’

Law & Religion UK, 16th June 2021

Source: lawandreligionuk.com

Family Arbitration: the outlook after Haley – Family Law

Posted June 18th, 2021 in appeals, arbitration, divorce, families, family courts, financial dispute resolution, news by tracey

‘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.’

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

Posted June 16th, 2021 in care orders, children, families, family courts, Islam, local government, news, social services by sally

‘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.’

Local Government Lawyer, 15th June 2021

Source: www.localgovernmentlawyer.co.uk

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

Posted June 14th, 2021 in chambers articles, divorce, families, family courts, financial dispute resolution, financial provision, news by sally

‘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.’

St John's Chambers, 8th June 2021

Source: www.stjohnschambers.co.uk

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