Remote Justice : A Judge’s perspective – Transparency Project

‘There is no question that remote hearings are a good means of ensuring the continued delivery of the decision-making element of the family justice system. It is amazing that we can do it at all and it is great that we can. But doing so in this way is at the cost of our ability properly to connect to one another, and judges like me are compromised in their ability to conduct hearings with the empathy, fairness, understanding and compassion that is rightly valued as an essential element of the Family Court. I appreciate that in order to deliver justice in the time of Covid-19 we must accept compromise. I wanted to share my experiences however, as there have been times that the extent to which I have felt constrained has been uncomfortable, and I worry about the impact on the parties, and the wider goal of delivering justice fairly. Even though huge progress has and will continue to be made in improving remote hearings, we will be working under the effects of Covid-19 for many months yet to come. I am concerned about the responsibility that will continue to fall on judges for deciding what cases are to be heard or not, and for setting the terms of reference for what constitutes a fair hearing in the time of Covid-19.’

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Transparency Project, 7th April 2020

Source: www.transparencyproject.org.uk

The Remote Family Court – where does transparency fit in? – Transparency Project

Posted April 3rd, 2020 in coronavirus, families, family courts, live link evidence, media, news by sally

‘The Transparency Project recently assisted the FLBA tech working party to gather some information and feedback in light of the publication of the key judicial guidance on family justice during the pandemic – ‘The Remote Family Court’. That document (now on version 2), sets out a number of unresolved questions at paragraph 8.3. Our contribution to that exercise focused on elements that fell within our ambit – access to journalists and legal bloggers, recording of proceedings, litigants in person, and information for the public.’

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Transparency Project, 2nd April 2020

Source: www.transparencyproject.org.uk

COVID-19 and family courts: Links in one place to new arrangements – Transparency Project

‘There’s been a flurry of new guidance in response to the pandemic. We’ve gathered some useful links (with key definitions) to help families, advice workers and professionals find and use practical information more easily.’

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Transparency Project, 21st March 2020

Source: www.transparencyproject.org.uk

Final hearings to go online “very shortly”, says Lord Chief – Litigation Futures

‘Final hearings and hearings with contested evidence in civil and family cases will “inevitably” be conducted using technology very shortly, the Lord Chief Justice has warned.’

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Litigation Futures, 19th March 2020

Source: www.litigationfutures.com

Parental Alienation: An Example Where The Alienator Succeeds and Guidelines As to How to Minimise it Happening – Becket Chambers

‘The case of Re A (Children) (Parental Alienation) 2019 EWFC demonstrates clearly the shortcomings of the Family Court to ensure that all children, wherever possible, enjoy a relationship with both of his or her parents. The position of the courts with regard to ordering no direct contact with the absent parent, is that it is a very serious step to take, and should only be taken where it is plainly not in the welfare best interests of the child.’

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Becket Chambers, 2nd March 2020

Source: becket-chambers.co.uk

Coronavirus (COVID-19): Message from the Lord Chief Justice to judges in the Civil and Family Courts – Courts and Tribunals Judiciary

Posted March 19th, 2020 in civil justice, coronavirus, family courts, news by sally

‘Events have been moving so fast that detailed guidance on how to sustain the administration of justice in these two important jurisdictions would be overtaken by developments very quickly.’

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Courts and Tribunals Judiciary, 19th March 2020

Source: www.judiciary.uk

Court of Appeal to live-stream family cases – Ministry of Justice

Posted March 13th, 2020 in appeals, families, family courts, internet, press releases, video recordings by tracey

‘Family hearings at the Court of Appeal will be live-streamed under a joint initiative by the judiciary and government to boost transparency in the justice system.’

Full press release

Ministry of Justice, 12th March 2020

Source: www.gov.uk/government/organisations/ministry-of-justice

Forced Marriage Protection Orders – the approach to take – UK Police Law Blog

Posted March 5th, 2020 in family courts, forced marriages, human rights, jurisdiction, news, passports by tracey

‘Applications for forced marriage protection orders (“FMPO”s) made pursuant to s.63A of the Family Law Act 1996 are on the rise: in 2018, the government’s Forced Marriage Unit provided advice or support in 1,764 possible forced marriage cases; a significant increase from the following 1200-1400 cases in 2017. Also in 2018, Family Court statistics indicate that 322 applications were made and 324 orders granted. Despite applications being made by police, who must seek leave to make such an application under s.63C(3) of the Family Law Act 1996, and local authorities, the legislation itself does not provide clear guidance as to how the court should deal with such applications. The President of the Family Division, Sir Andrew McFarlane, has now done so in Re K (Forced Marriage: Passport Order) [2020] EWCA Civ 190.’

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UK Police Law Blog, 5th March 2020

Source: ukpolicelawblog.com

‘Astonishing breakthrough’: Munby hails access to family justice data – Law Society’s Gazette

Posted March 5th, 2020 in anonymity, data protection, family courts, news by tracey

‘A national support service representing children in family court cases has opened up its data to researchers as part of wider efforts to understand how well the family justice system is working. Cafcass has transferred its file data to the Secure Anonymised Information Linkage (SAIL) Databank, which is based at the University of Swansea. Cafcass said the move was part of a strategy to exchange knowledge and learning with key partners such as the Nuffield Family Justice Observatory, set up by the Nuffield Foundation to improve the use of data and research in the family justice system.’

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Law Society's Gazette, 3rd March 2020

Source: www.lawgazette.co.uk

Ms Justice Russell and some Feng Shui: the case of JH v MF [2020] EWHC 86 (Fam) – Garden Court Chambers

‘The case of JH v MJ concerned an appeal heard and allowed before Ms Justice Russell from HHJ Tolson, the designated family judge at the Central Family Court in London. For the avoidance of doubt that is the most senior judge at central family court with a number important roles in and oversight of the administration of family justice.’

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Garden Court Chambers, 20th February 2020

Source: www.gardencourtchambers.co.uk

Judiciary to design new online consent course for family judges – Local Government Lawyer

‘The Courts and Tribunals Judiciary is to prepare an online resource for family judges dealing with issues of consent and stereotypes in sexual cases.’

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Local Government Lawyer, 24th February 2020

Source: www.localgovernmentlawyer.co.uk

Female family lawyers’ group to push for senior roles – Legal Futures

Posted February 25th, 2020 in diversity, family courts, legal profession, news, women by sally

‘An association for female family lawyers will be launched next month, embracing all levels of seniority from High Court judges to paralegals, with the immediate aim of creating a national mentoring scheme.’

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Legal Futures, 25th February 2020

Source: www.legalfutures.co.uk

JusticeWatch: Legal aid’s failing safety net – Legal Voice

Posted February 25th, 2020 in attorney general, family courts, judicial review, law firms, legal aid, news by sally

‘Almost four out of 10 legal aid firms do not use the LASPO ‘safety net’ and make exceptional case funding applications, according to a new study by the Public Law Project – reported on the Justice Gap (here). More then three-quarters believed the scheme was not effective. The PLP survey by Professor Joe Tomlinson and Emma Marshall drew on responses between from 89 legal aid providers and other groups providing legal advice and was conducted in October/ November last year. The aim was to engage with providers working in four areas – immigration, family, housing and welfare benefits. Researchers identified 1,276 organisations with a legal aid contract working across these four areas.’

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Legal Voice, 21st February 2020

Source: legalvoice.org.uk

Financial Remedies Courts – Law Society’s Gazette

‘The Financial Remedies Courts (FRCs) have been established as a subsidiary structure within the Family Court. In November 2019, two documents were published: Overall Structure Of The Financial Remedies Courts And The Role And Function Of The Lead Judge, and Financial Remedies Courts Good Practice Protocol. It is the protocol which is essential reading for family law practitioners.’

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Law Society's Gazette, 24th February 2020

Source: www.lawgazette.co.uk

UK court hears bid to access fertility clinic’s records on dead person – The Guardian

Posted February 21st, 2020 in bereavement, data protection, families, family courts, news, pregnancy by sally

‘A legal action over access to a fertility clinic’s private records concerning the storage of a dead person’s “sperm and/or embryos” is being heard by the family court partly in secret.’

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The Guardian, 19th February 2020

Source: www.theguardian.com

Issues of consent in fact-find hearing – Becket Chambers

‘In December 2019 Ms. Justice Russell DBE heard an appeal from a fact-finding hearing that took place in private law Children Act proceedings at the Central Family Court in London in the summer of 2019. Her judgement was given in January 2020 and is reported as JH v. MF [2020] EWHC 86 (Fam).’

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Becket Chambers, 17th February 2020

Source: becket-chambers.co.uk

Lawyers and women’s rights charities call for family court judge’s cases to be reviewed – Local Government Lawyer

‘Over 130 family lawyers and women’s rights groups have called for Judge Tolson’s continuing cases to be reviewed, following Justice Russell’s condemnation of the family court judge’s treatment of an allegation of sexual assault in a child protection fact-finding trial last month.’

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Local Government Lawyer, 20th February 2020

Source: www.localgovernmentlawyer.co.uk

Family courts not safe for domestic violence victims, lawyers say – The Guardian

Posted February 20th, 2020 in domestic violence, family courts, judiciary, news, rape, victims by sally

‘The family courts are not a safe place for victims of domestic violence because some judges there hold “outdated views” on sexual violence and issues of consent, according to a letter signed by 130 lawyers and professionals.’

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The Guardian, 19th February 2020

Source: www.theguardian.com

Domestic Abuse – Are Outdated Misconceptions Still Prevalent in the Legal System? – Becket Chambers

‘This article explores the issue of domestic abuse in the appeal of Re H v F [2020].’

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Becket Chambers, 17th February 2020

Source: becket-chambers.co.uk

Sexual assault in the family courts – a practical approach – Parklane Plowden

‘Looking at the issue of consent and considering how these cases should be approached following the decision in H v F [2020] EWHC 86 (fam).’

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Parklane Plowden, 18th February 2020

Source: www.parklaneplowden.co.uk