‘In a recent decision of the High Court, Mr Justice Keehan considered the extent to which, if at all, the Court has the power to appoint CAFCASS to undertake work with and advise non-subject, non-party children.’
Parklane Plowden, 13th January 2020
Source: www.parklaneplowden.co.uk
‘Faced with the competing claims of transparency and privacy, free speech and family life, family law will always incline towards the latter. Its first instincts are protective, guarding the intimacies and lives of its own subject families and, particularly, its children.[1] First and foremost, family proceedings are and remain private matters. This fundamental principle holds fast. However, things are not simply as they were before. Successive Presidents of the Family Division have now expressly addressed the subject in the form of three separate occasions. At the very least, it is clear that the dynamic is being given careful thought. Whilst the guidances do not amount to a tilting of the scales, they are nevertheless guidances specifically designed to address acts of reporting. When President of the Family Division, Sir James Munby issued two guidances on transparency and anonymisation. Sir Andrew McFarlane, the current President, has now (as of October 2018) issued further guidance specifically dealing with applications to lift and vary reporting restrictions.’
Becket Chambers, 15th January 2020
Source: becket-chambers.co.uk
‘Birmingham Family Court will today introduce a wellbeing protocol which aims to end a ‘last minute’ work culture that increases stress on practitioners outside of work hours.’
Legal Futures, 14th January 2020
Source: www.legalfutures.co.uk
‘John Tughan QC of 4 Paper Buildings reviews recent important public law cases concerning children.’
Family Law Week, 9th January 2020
Source: www.familylawweek.co.uk
‘In the Winter edition of our Family Under 10’s Newsletter, Simon Wilkinson provides a case update with regards to the Matter of D, Giorgia Sessi studies the guidance published by the Courts and Tribunals Judiciary, whilst Charlotte Wilce lays out a case study regarding the role of CAFCASS in relation to non-subject children.’
Parklane Plowden, 7th January 2020
Source: www.parklaneplowden.co.uk
‘In October 2019, Mrs Justice Lieven DBE considered an application by a husband that the wife’s divorce proceedings, and the decree absolute, should be set aside for breaches in relation to service of the proceedings.’
Becket Chambers, 6th December 2019
Source: becket-chambers.co.uk
‘Within the U.K. there are two judicial systems: the law of England and Wales and the law of Scotland; which differ slightly. The Human Rights Act 1998 came into force on the 2nd October 2000 to incorporate the European Convention on Human Rights and Fundamental Freedoms 1950 (‘the Convention’) into the law of England & Wales. At the same time that the Human Rights Act 1998 was passing through parliament the Scotland Act 1998 was also making its’ way through parliament. Under the Scotland Act 1998, in May 1999, the U.K. devolved legislative and executive power to Scotland. The primary function of the Scotland Act 1998 was to set up a system of devolved government for Scotland, but it also included important provisions relating to the protection of the rights guaranteed by the Convention (‘Convention rights’).’
5SAH, 10th December 2019
Source: www.5sah.co.uk
‘Parties named in a court order must follow the order. A party found to be in breach of an order may be fined, imprisoned, ordered to undertake unpaid work or have their assets seized. The penalty is at the discretion of the court.’
Becket Chambers, 10th December 2019
Source: becket-chambers.co.uk
‘McKenzie Friends are giving “biased and misleading” advice to vulnerable family litigants, an academic study of online posts has found.’
Legal Futures, 11th December 2019
Source: www.legalfutures.co.uk
‘A working group seeking solutions to the dearth of medical experts willing to work in the family courts has made 22 recommendations for change including a simpler process for payment and allowing courts work to be part of employment contracts.’
Local Government Lawyer, 5th December 2019
Source: www.localgovernmentlawyer.co.uk
‘Speech by Sir Andrew McFarlane, President of the Family Division: Domestic Abuse and the Family Court.’
Courts and Tribunals Judiciary, 19th November 2019
Source: www.judiciary.uk
‘This week has seen reports in the legal press of a speech in which the President of the Family Division set out an idea for a research project about news reports containing accounts of how family courts have handled domestic abuse claims. See for example : Press attacks on family courts should be assessed – McFarlane by Monidipa Fouzder in The Gazette.’
Transparency Project, 23rd November 2019
Source: www.transparencyproject.org.uk
‘Natalie Cross summarises important guidance on the approach to be taken to vulnerable witnesses and parties in the Family Courts.’
Local Government Lawyer, 22nd November 2019
Source: www.localgovernmentlawyer.co.uk
‘Despite there being a variety of reasons why someone may choose to represent themselves in the family courts – this decision isn’t an anomaly. Now only 20% of family court cases have both parties represented. It’s a trend we’ve seen grow in recent years.’
Family Law, 19th November 2019
Source: www.familylaw.co.uk
‘Princess Haya bint al-Hussein of Jordan attended court in July 2019 and made three applications before the High Court of England and Wales. A Forced Marriage Protection Order, Wardship orders in respect of their two children and a non-molestation order to protect her against domestic violence.’
5SAH, 12th November 2019
Source: www.5sah.co.uk
‘Any family practitioner will know that the concept of ‘wellbeing’ is at the heart of care and family court proceedings. Sir Andrew Macfarlane recently remarked “the general focus on wellbeing has developed coincidentally with a massive increase in pressure within the Family Justice system and, if anything, the need for every practitioner to be aware of issues of wellbeing is, in my view, at its most acute for those working in the field of Family Law”.’
KCH Garden Sq, 8th November 2019
Source: kchgardensquare.co.uk
‘Reservations have been expressed about plans to change the rules for determining costs at the end of family proceedings.’
Law Society's Gazette, 5th November 2019
Source: www.lawgazette.co.uk
‘As part of the decision made by the President of the Family Division in the appeal by TP member, Louise Tickle in February, Sir Andrew McFarlane stated that guidance to courts would need to be issued to address the uncertainty that existed if a journalist or legal blogger entitled to attend court asked for leave to publish information from the hearing. Draft guidance was published in March, and following a consultation period the final version has now been issued. The Transparency Project responded to the consultation. The new guidance was published on the Judiciary website on 29th October, although it is dated 3rd October.’
Transparency Project, 1st November 2019
Source: www.transparencyproject.org.uk
‘A Family Division judge has handed down his judgment in what is said to have been one of the largest public law children’s cases ever litigated.’
Local Government Lawyer, 31st October 2019
Source: www.localgovernmentlawyer.co.uk
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