Terminating a father’s responsibility for the child – Local Government Lawyer

Posted June 11th, 2021 in children, families, family courts, news, parental responsibility by tracey

‘Fran Massarella reports on a recent case concerning an application to terminate a father’s responsibility for the child pursuant to s.4(2A) of the Children Act 1989.’

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Local Government Lawyer, 11th June 2021

Source: www.localgovernmentlawyer.co.uk

Costs orders – litigate at your peril – Family Law

‘It seems there has been a never-ending line of costs commentary flowing through the reported decisions from financial remedy courts as of late. There is a clear trend of encouraging the making of costs orders; something that was far from the norm of no costs orders in contested financial remedy proceedings a few years ago. The reasons for this encouragement are many and possibly speculative; perhaps a by-product of the cuts to Legal Aid and therefore the lack of access to legal representation inevitably leading to extensive, unnecessary, and unmeritorious litigation, perhaps a consequence of the continued backlog in the family courts, perhaps an ancillary product of the widening parameters of judicial discretion and uncertainty?’

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Family Law, 3rd June 2021

Source: www.familylaw.co.uk

Postcode lottery for baby care orders – judge – BBC News

‘Care order applications are usually made when social workers decide a mother is unable to look after her child on her own. The baby will probably go into foster care and it may be adopted.’

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BBC News, 4th June 2021

Source: www.bbc.co.uk

Withdrawal of life sustaining treatment v profound religious beliefs in sanctity of life – UK Human Rights Blog

‘Alta Fixsler was born with catastrophic brain injury. She now two years old, currently a patient at the Royal Manchester Children’s Hospital Paediatric Intensive Care Unit on intensive life sustaining treatment. In this case the court was asked to decide whether it would be in Alta’s best interests for that life-sustaining treatment to be continued. The inevitable consequence of it being discontinued will be the death of Alta.’

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UK Human Rights Blog, 3rd June 2021

Source: ukhumanrightsblog.com

Order made by email in childcare case exhibited “serious procedural irregularity”, Court of Appeal rules – Local Government Lawyer

Posted June 3rd, 2021 in case management, electronic mail, family courts, mental health, news by sally

‘An order made by email to vacate a psychological assessment in a childcare case was wrong and unjust for “serious procedural irregularity”, the Court of Appeal has ruled.’

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Local Government Lawyer, 2nd June 2021

Source: www.localgovernmentlawyer.co.uk

Research briefing: Children: child arrangements orders – safeguards when domestic abuse issues arise (England and Wales) – House of Commons

Posted May 27th, 2021 in child arrangements orders, domestic violence, family courts, news by tracey

‘This briefing provides information on how the family courts address issues of domestic abuse in private law proceedings relating to children, in particular proceedings relating to child arrangements orders. The final two sections of the briefing provide information on proposals for reform in this area.’

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House of Commons, 26th May 2021

Source: commonslibrary.parliament.uk

Barrister who switched from crime to family “was not on top of the rules” – Legal Futures

‘A barrister sanctioned for talking to the opposing lay client in the absence of their lawyer had switched from criminal to family law and “was simply not on top” of the rules, it has emerged.’

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Legal Futures, 24th May 2021

Source: www.legalfutures.co.uk

High Court judge clarifies position on adoption for co-parenting families where relationship has ended – Local Government Lawyer

Posted May 21st, 2021 in adoption, children, families, family courts, news by tracey

‘The Family Court has ruled that in co-parenting families one parent may adopt a child born to the other even if they are no longer partners.’

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Local Government Lawyer, 21st May 2021

Source: www.localgovernmentlawyer.co.uk

Family lawyers suffering from job insecurity and stress, survey finds – Legal Futures

‘Only half of family law professionals feel secure in their jobs right now, while a quarter are actively considering leaving the profession due to wellbeing concerns, major research has found.’

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Family Law, 21st May 2021

Source: www.legalfutures.co.uk

Will future earnings ever be shared after divorce? – Family Law

‘Almost all clients want their finances to be resolved without ongoing financial connections so they can each go their separate ways without continuing financial ties i.e., they want to have a “clean break”.’

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Family Law, 20th May 2021

Source: www.familylaw.co.uk

Misdiagnosis case update – Transparency Project

‘The purpose of this judgment is to approve and formalise the local authority’s decision to withdraw its application for care orders, following receipt of medical evidence that the baby did not suffer any non-accidental injury. As the judge points out, the local authority acted correctly in taking proceedings when it did, on the basis of earlier medical evidence (now known to be mistaken), and has also acted correctly in asking the court to agree to end the proceedings on the basis of the new, more specialist, evidence.’

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Transparency Project, 18th May 2021

Source: www.transparencyproject.org.uk

Departing from Equality in Farming Divorces – Family Law Week

‘Nichola Bright, Senior Associate at Myerson, explains some of the difficulties inherent in divorces involving agricultural assets.’

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Family Law Week, 22nd April 2021

Source: www.familylawweek.co.uk

The Domestic Abuse appeals – a missed opportunity for cultural change? – Transparency Project

‘The Court of Appeal’s judgment highlights the importance of family courts understanding coercive control. The comments made by the Court are important and will give professionals, who have been frustrated about old fashioned attitudes that only take physical violence into account, the tools they need to argue on behalf of the alleged victims they represent. The idea that domestic abuse can only have occurred when physical violence has taken place is entirely outdated; equally a lack of recognition that physical violence is frequently part of a coercive and controlling dynamic is also unacceptable in modern times.’

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Transparency Project, 2nd April 2021

Source: www.transparencyproject.org.uk

Costs in financial remedy cases: LM v DM (Costs Ruling) [2021] EWFC 28A short but important judgment Date:30 MAR 2021 – Family Law

Posted March 31st, 2021 in costs, family courts, financial provision, news, practice directions by tracey

‘A short but important judgment emphasising the costs consequence that a litigant may face if they have failed to negotiate openly and reasonably in the context of financial remedy proceedings was handed down by Mostyn J on 12 March 2021 in the case of LM v DM (Costs Ruling) [2021] EWFC 28.’

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Family Law, 30th March 2021

Source: www.familylaw.co.uk

Managing costs in complex children cases – Family Law

Posted March 31st, 2021 in child arrangements orders, costs, family courts, legal aid, news by tracey

‘In November 2020 Spice Girl Mel B was in the news, despairing about how the legal costs of trying to relocate her daughter Madison from the US to England were likely to bankrupt her, leading to her withdrawing her relocation application. The figure of $500,000 quoted included legal fees of $400,000 and $100,000 in accounting fees.’

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Family Law, 30th March 2021

Source: www.familylaw.co.uk

Court of Appeal delivers ruling on family court’s approach to domestic abuse – Law Society’s Gazette

‘The Court of Appeal has handed down judgment in a groundbreaking case that is expected to inform the way family courts treat allegations of domestic abuse and coercive and controlling behaviour.’

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Law Society's Gazette, 30th March 2021

Source: www.lawgazette.co.uk

Capacity to marry: NB v MI – Law & Religion UK

Posted March 29th, 2021 in families, family courts, Islam, islamic law, jurisdiction, marriage, news by tracey

‘In NB v MI [2021] EWHC 224 (Fam), Mostyn J set out a series of propositions on the legal nature of marriage in England & Wales.’

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Law & Religion UK, 26th March 2021

Source: lawandreligionuk.com

Our treatment of the vulnerable – Local Government Lawyer

‘The pandemic has shone a powerful searchlight on to the unnecessarily damaged lives of too many of our most vulnerable people and children. In a paper given at a Royal Holloway University of London Symposium, Sir James Munby, former President of the Family Division, looks at the challenges facing the family justice system.’

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Local Government Lawyer, 26th March 2021

Source: www.localgovernmentlawyer.co.uk

£1 million voucher scheme to help families resolve disputes outside of court – Ministry of Justice

Posted March 29th, 2021 in budgets, dispute resolution, families, family courts, Ministry of Justice, news by tracey

‘Separating parents will be helped to avoid stressful court battles through a new million-pound mediation scheme launched by the government today.’

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Ministry of Justice, 26th March 2021

Source: www.gov.uk

Children: Public Law Update (March 2021) – Family Law Week

‘John Tughan QC of 4PB considers the latest judgments that Public law child lawyers need to know about.’

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Family Law Week, 24th March 2021

Source: www.familylawweek.co.uk