Family Law Update: October 2023 – 5SAH

Posted November 22nd, 2023 in chambers articles, families, family courts, news by sally

‘The update features the following articles:

– London’s reputation as divorce capital could be tested by legal shake-up: Jaqueline Julyan SC.​
– Niamh Wilkie Features in FT Adviser: Navigating Maintenance Order Rules Post-Brexit.
– Mark Smith features in Family Law Journal: Extradition and family proceedings: where does the balance lie?
– Maria Scotland Features in Spear’s: Divorcing In Dubai: Should Wealthy Expats Worry About New UAE Family Laws?’

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5SAH, 2nd October 2023

Source: www.5sah.co.uk

Online Procedure Rule Committee set up as Lord Chancellor and senior judiciary set out vision for future of civil and family courts and tribunals system – Local Government Lawyer

Posted November 21st, 2023 in civil procedure rules, electronic filing, family courts, news by sally

‘The Lord Chancellor and senior judiciary have set out a “shared vision” for the future of the civil and family courts and tribunals system, including the establishment of an Online Procedure Rule Committee (OPRC).’

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Local Government Lawyer, 20th November 2023

Source: www.localgovernmentlawyer.co.uk

‘I paid £30k to protect my child from her paedophile dad’ – BBC News

‘When her daughter’s father was sent to prison for child sexual abuse, Bethan was horrified to discover he could still be allowed access to their child after he was released. It was a risk she wasn’t willing to take. Outside a Cardiff courtroom, a smartly dressed young woman sits waiting, anxiously. Bethan has never been inside a family court before, but she is here to try to protect her child – whose father has been convicted of paedophile offences and is currently in jail.’

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BBC News, 20th November 2023

Source: www.bbc.co.uk

Delay for children as result of longer case durations is “single most pressing issue” for family justice system, warns Cafcass in new strategic plan – Local Government Lawyer

Posted November 16th, 2023 in children, delay, families, family courts, news by sally

‘The Children and Family Court Advisory and Support Service (Cafcass) has published its strategic plan for 2023-26, in which it warns that delay for children as a result of longer case durations is now the “single most pressing issue” for the family justice system.’

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Local Government Lawyer, 14th November 2023

Source: www.localgovernmentlawyer.co.uk

Critically-ill baby’s parents take end-of-life care fight to appeal court – The Independent

Posted November 10th, 2023 in appeals, children, citizenship, doctors, families, family courts, Italy, medical treatment, news by tracey

‘The parents of a critically ill baby who has been at the centre of a life-support fight are preparing to mount an appeal after failing to persuade a High Court judge to let the little girl receive end-of-life care at home.’

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The Independent, 10th November 2023

Source: www.independent.co.uk

SP v DM [2023] EWHC 2089 (Fam): Important ruling on giving evidence in Family Court proceedings – Pallant Chambers

Posted November 9th, 2023 in appeals, chambers articles, evidence, families, family courts, news, pregnancy by sally

‘Eve Anstey for Respondent Father – Giving evidence at a fact-finding hearing is, at the best of times, a stressful and emotional experience. Add to that a pregnancy in its third trimester and an important issue on principle is raised about the parameters of the court’s duty to ensure that a trial is conducted fairly whilst ensuring that the mother’s vulnerability is properly protected. In SP v DM, Sir Jonathan Cohen considered that very issue and the Appellant mother’s arguments which significantly attacked the court for purported procedural irregularity in the way that it conducted the fact-finding hearing in respect of mother’s evidence in light of her pregnancy. The appeal was dismissed on all grounds.’

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Pallant Chambers, 14th October 2023

Source: www.pallantchambers.co.uk

High Court finds father in contempt of court over covert recording of adoption proceedings relating to his child – Local Government Lawyer

Posted November 1st, 2023 in adoption, audio recordings, contempt of court, family courts, internet, news by sally

‘The High Court has found that a father made a covert audio-recording of a substantive court hearing in adoption proceedings, and within a few days, disposed of the recording and associated documents to another “with a view to their publication on YouTube”.’

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Local Government Lawyer, October 2023

Source: www.localgovernmentlawyer.co.uk

Just under half of children returned to live with their families as result of entering Family Drug and Alcohol Court, annual report reveals – Local Government Lawyer

‘The President of the Family Division, Sir Andrew McFarlane, has published his second annual report on the Family Drug and Alcohol Courts (FDACs), of which he states he has “long been a supporter”.’

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Local Government Lawyer, 26th October 2023

Source: www.localgovernmentlawyer.co.uk

Family President issues revised practice guidance on approach of court to unregistered placements – Local Government Lawyer

‘The President of the Family Division, Sir Andrew McFarlane, has published updated guidance on the Court’s approach to unregistered placements for children and young people.’

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Local Government Lawyer, 12th October 2023

Source: www.localgovernmentlawyer.co.uk

Implementation of Jade’s law – Local Government Lawyer

‘Amrita Hurst, Hannah Taylor and Jake Barras look at the questions raised by Justice Secretary Alex Chalk’s plan to implement “Jade’s law”.’

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Local Government Lawyer, 13th October 2023

Source: www.localgovernmentlawyer.co.uk

Judge wrong to block reporting of ‘highly contentious’ family case – Law Society’s Gazette

‘A family judge was wrong to make an order preventing the reporting of a case, an appeal judgment has ruled in a significant step for the opening of proceedings to the press.’

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Law Society's Gazette, 5th October 2023

Source: www.lawgazette.co.uk

DNA tests for court: when to use the most powerful test available? – Family Law

Posted September 28th, 2023 in DNA, family courts, news, paternity by tracey

‘Casey Randall, Head of DNA at AlphaBiolabs, explains what family law professionals need to know about court-approved DNA testing, what the options are, and how its market-leading 45-marker test significantly increases the chance of obtaining a conclusive result in complex relationship testing cases.’

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Family Law, 25th September 2023

Source: www.familylaw.co.uk

Forced marriage and the inherent jurisdiction – Local Government Lawyer

‘The Court of Appeal recently considered the use of the inherent jurisdiction in a forced marriage case. Rhys Hadden analyses the ruling.’

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Local Government Lawyer, 15th September 2023

Source: www.localgovernmentlawyer.co.uk

One fifth of judgments missing from national database – Law Society’s Gazette

Posted September 15th, 2023 in archives, courts, delay, family courts, judgments, news, statistics by tracey

‘Important gaps remain in the government’s official repository of court judgments more than a year after its launch, research has revealed. According to the study by the Incorporated Council of Law Reporting in England and Wales (ICLR), about 20% of the judgments that might be expected to be on the National Archives’ Find Case Law database are missing.’

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Law Society's Gazette, 15th September 2023

Source: www.lawgazette.co.uk

Court accidentally gave adoption family details to birth father – Law Society’s Gazette

‘The Ministry of Justice has been ordered to improve its systems after details of parties in an adoption process were leaked to the birth father. The data breach happened despite the court judge directing that the father be excluded from proceedings as he posed a risk to the family concerned.’

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Law Society's Gazette, 11th September 2023

Source: www.lawgazette.co.uk

Family courts: ‘We kidnapped our kids from abusive dads and fled the UK’ – BBC News

‘A growing number of women who say their children were handed to abusive partners by England and Wales’ family courts have abducted them and fled to Turkish-controlled northern Cyprus. The BBC spoke to six of them to investigate some of their stories.’

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BBC News, 5th September 2023

Source: www.bbc.co.uk

Family courts: Mothers dying after ‘abusers’ claim access to children – BBC News

Posted September 4th, 2023 in children, domestic violence, families, family courts, news, suicide, victims by tracey

‘Five mums have died after family courts allowed fathers accused of abuse to apply for contact with their children, a BBC investigation has found.’

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BBC News, 4th September 2023

Source: www.bbc.co.uk

Court of Appeal sets aside circuit judge’s “plainly irregular” ruling – Legal Futures

Posted September 1st, 2023 in appeals, care orders, children, families, family courts, judges, news by sally

‘The Court of Appeal has set aside a circuit judge’s ruling in public law children proceedings after describing his decision as “plainly irregular”.’

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Legal Futures, 1st September 2023

Source: www.legalfutures.co.uk

Court of Appeal rules on “hot potato” issue of decision between care order, supervision order or no order when child placed at home – Local Government Lawyer

‘The Court of Appeal has allowed an appeal by a mother and made supervision orders in place of care orders for all three of her children, who are placed at home.’

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Local Government Lawyer, 8th August 2023

Source: www.localgovernmentlawyer.co.uk

National deprivation of liberty court: Latest data trends – June 2023 – Family Law

‘In July 2022, the President of the Family Division launched the national deprivation of liberty court. Based at the Royal Courts of Justice, it deals with all new applications seeking authorisation to deprive children of their liberty under the inherent jurisdiction and will run for a 12-month pilot phase initially. Nuffield Family Justice Observatory was invited to collect and publish data on these applications.’

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Family Law, 7th August 2023

Source: www.familylaw.co.uk