Category: family courts

Logan Mwangi – the Child Practice Review and the family courts – Transparency Project

Posted November 29th, 2022 in child abuse, families, family courts, murder, news, parental responsibility, social services, Wales by sally

‘This blog post will not go into detail about the distressing history of five year old Logan Mwangi, with which we are all too familiar through media coverage of the trial of the three people who were responsible for his death. An impression had been given at that time that possibly Logan had been let down by the family courts. It is now possible to learn a little about the court involvement – or lack of involvement.’

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Transparency Project, 27th November 2022

Source: transparencyproject.org.uk

Parental Responsibility, the Modern Family and Access to Justice – Family Law Week

Posted November 25th, 2022 in children, families, family courts, news, parental responsibility by sally

‘Syvil Lloyd Morris, Solicitor Advocate and co-founder of Bastian Lloyd Morris LLP, explores the concept of parental responsibility and LAA funding issues in the context of a changing society.’

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Family Law Week, 18th November 2022

Source: www.familylawweek.co.uk

Prenatal paternity testing for court: your questions answered – Family Law Week

Posted November 17th, 2022 in children, DNA, expert witnesses, families, family courts, forensic science, news by sally

‘Casey Randall, Head of DNA at AlphaBiolabs, answers some of the most common questions about prenatal paternity testing for legal matters.’

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Family Law Week, 14th November 2022

Source: www.familylawweek.co.uk

Alcohol monitoring technology: what you need to know – Family Law Week

Posted November 17th, 2022 in alcohol abuse, alcoholism, electronic monitoring, families, family courts, news by sally

‘Rachel Davenport, Co-founder and Director at AlphaBiolabs, discusses alcohol monitoring technology, and how it can be used to evidence levels and patterns of alcohol consumption or sobriety.’

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Family Law Week, 14th November 2022

Source: www.familylawweek.co.uk

Open Justice : Court Reporting In The Digital Age – Transparency Project

Posted November 15th, 2022 in civil justice, family courts, law reports, media, news by sally

‘On 1 November 2022 the House of Commons Justice Committee published their report : Open Justice: court reporting in the digital age.’

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Transparency Project, 12th November 2022

Source: transparencyproject.org.uk

Speech by the President of the Family Division: When families fall apart, do they fall too easily into court? – Courts & Tribunals Judiciary

Posted November 7th, 2022 in arbitration, children, dispute resolution, divorce, families, family courts, judges, speeches by sally

‘Speech by the President of the Family Division: When families fall apart, do they fall too easily into court?’

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Courts & Tribunals Judiciary, 31st October 2022

Source: www.judiciary.uk

Separating couples should “try almost anything” before going to court – Legal Futures

Posted November 2nd, 2022 in arbitration, children, dispute resolution, divorce, families, family courts, judges, news by sally

‘Separating couples should “try almost anything” before turning to the courts, the president of the Family Division has said, arguing that there has “got to be a better way” to resolve child disputes in particular.’

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Legal Futures, 2nd November 2022

Source: www.legalfutures.co.uk

Problems with interim contact in private law disputes – Family Law Week

Posted October 28th, 2022 in children, contact orders, families, family courts, news by sally

‘Many private law practitioners feel frustration about the significant disparity in contact arrangements between children in private and public proceedings. Sadly, this has long been the case: I last wrote an article about this in 2019 (One act, 2 Regimes: why? Family Law Week 17th December 2019) and cannot say that matters have moved on or changed meaningfully. As I set out in that article, there is no justification legally for courts to apply Children Act considerations varyingly. The problem here lies not with the law but in the practice.’

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Family Law Week, 21st October 2022

Source: www.familylawweek.co.uk

High Court judge approves unregistered placement for teenage girl with “nowhere else to go” – Local Government Lawyer

Posted October 24th, 2022 in care orders, children, families, family courts, hospitals, local government, mental health, news, placement orders, suicide by sally

‘A Family Division judge has directed that a teenage girl at risk of suicide should be moved from hospital to a placement even though the latter is unregistered and the provider could be at risk of legal action by Ofsted.’

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Local Government Lawyer, 21st October 2022

Source: www.localgovernmentlawyer.co.uk

Family lawyers and judges “need menopause training” – Legal Futures

Posted October 24th, 2022 in divorce, families, family courts, health, judiciary, legal education, legal profession, menopause, news, statistics, women by sally

‘A large majority of women (76%) who have experienced divorce or separation and the menopause believe family lawyers and judges should have training on the issue so they can “factor it into their cases”.’

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Legal Futures, 21st October 2022

Source: www.legalfutures.co.uk

Travel and childcare costs ‘stopping domestic abuse victims getting to court’ – The Independent

Posted October 24th, 2022 in charities, children, coercive & controlling behaviour, courts, domestic violence, families, family courts, news, transport, victims by sally

‘The cost-of-living crisis is increasingly being used as justification for domestic abuse while some victims are unable to afford to get to court to obtain protection, a charity has warned.’

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The Independent, 24th October 2022

Source: www.independent.co.uk

Seeking Leave to Oppose the Making of an Adoption Order – Becket Chambers

Posted October 24th, 2022 in adoption, care orders, chambers articles, children, families, family courts, news by sally

‘Following the conclusion of Care proceedings and where a child has been placed for adoption, a parent may only oppose the making of an adoption order with leave of the court. A parent’s application seeking leave of the court will have two stages. Firstly, the court needs to be satisfied, on the facts, that there has been a change of circumstances within section 47(7) Adoption and Children Act 2002 (“the 2002 Act”). Secondly, if there has been such a change, the court will then need to consider the application of section 1 of the 2002 Act to the facts of the case with the paramount consideration of the court being the child’s welfare throughout their life.’

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Becket Chambers, 19th October 2022

Source: becket-chambers.co.uk

Family lawyers and judges “need menopause training” – Legal Futures

Posted October 21st, 2022 in divorce, families, family courts, health, judiciary, legal education, legal profession, menopause, news, statistics, women by sally

‘A large majority of women (76%) who have experienced divorce or separation and the menopause believe family lawyers and judges should have training on the issue so they can “factor it into their cases”.’

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Legal Futures, 21st October 2022

Source: www.legalfutures.co.uk

Financial Remedy Update, October 2022 – Family Law Week

Posted October 21st, 2022 in divorce, families, family courts, financial dispute resolution, financial provision, news by sally

‘Stephanie Hawthorn and Abigail Pearse, associates, at Mills & Reeve LLP consider the most important news and case law relating to financial remedies and divorce during September 2022.’

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Family Law Week, 17th October 2022

Source: www.familylawweek.co.uk

Pilot early advice for child arrangements ‘without delay’ – Law Society’s Gazette

Posted October 13th, 2022 in child arrangements orders, family courts, legal advice, litigants in person, news, pilot schemes by sally

‘Early legal advice on child arrangements should be piloted as part of ambitious reforms that will help to resolve more disputes away from court, an influential thinktank has recommended.’

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Law Society's Gazette, 13th October 2022

Source: www.lawgazette.co.uk

Psychology or pseudoscience? Parental alienation and the role of the psychologist, with Richard Ager and Clare Ciborowska – Law Pod UK

Posted September 28th, 2022 in children, families, family courts, news, podcasts by sally

‘Jim Duffy speaks to Richard Ager and Clare Ciborowska, of 1 Crown Office Row in Brighton. They discuss how the family court deals with allegations of “alienating behaviour” by one parent against another and examines the part psychologists play in that process.’

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Law Pod UK, 26th September 2022

Source: audioboom.com

Supreme Court Confirms Correct Approach to Deportation Cases – UK Human Rights Blog

Posted September 9th, 2022 in appeals, children, criminal justice, deportation, families, family courts, immigration, news, proportionality, Supreme Court by sally

‘In Secretary of State for the Home Department v HA (Iraq) [2022] UKSC 22, the Supreme Court has confirmed that the Court of Appeal was right to reject the idea that, when assessing whether it would be unduly harsh (and therefore disproportionate) for a person to be deported from the UK, the degree of harshness that would arise from this should be assessed by reference to a comparison with that which would ‘necessarily’ be involved for any child faced with the deportation of a parent. The Court also provided useful guidance concerning the application of the test for whether there are very compelling circumstances rendering deportation disproportionate in a given case.’

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UK Human Rights Blog, 6th September 2022

Source: ukhumanrightsblog.com

Public law children case update: August 2022 – Local Government Lawyer

Posted August 26th, 2022 in case management, causing death of children or vulnerable adults, children, delay, families, family courts, inquests, local government, news by sally

‘Jaime Turner rounds up the most interesting and relevant public law cases.’

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Local Government Lawyer, 26th August 2022

Source: www.localgovernmentlawyer.co.uk

Financial Remedy Update, August 2022 – Family Law Week

Posted August 26th, 2022 in bills, divorce, families, family courts, financial provision, Law Commission, marriage, news by sally

‘Nicola Rowling, Professional Support Lawyer, Emily Elvin-Poole, Associate and Caitlin Levins, Trainee Solicitor at Mills & Reeve LLP consider the most important news and case law relating to financial remedies during July 2022.’

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Family Law Week, 23rd August 2022

Source: www.familylawweek.co.uk

Family Public Law … Choosing an Expert – Becket Chambers

Posted August 16th, 2022 in expert witnesses, family courts, news, practice directions by sally

‘When it is decided that it is “necessary” – and that is the first question to be decided by the Court (Practice Direction 25 of the Family Procedure Rules 2010) – this should be as early as possible within the start of proceedings.’

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Becket Chambers, 11th August 2022

Source: becket-chambers.co.uk