family courts – Page 29 – Current Awareness

Detecting assets in financial proceedings (Richardson-Ruhan v Ruhan) – Family Law

Posted December 19th, 2017 in divorce, family courts, financial provision, news, sham transactions, third parties by sally

‘Family analysis: In Richardson-Ruhan v Ruhan the court was concerned with assertions that assets belonging to the husband were held for him by a nominee, related commercial proceedings and arguments as to sham. Michael Chapman, partner, and Holly Tootill, senior associate, both from JMW, who acted for the wife in this case, answer some questions on this complicated and extensive decision.’

Family Law, 18th December 2017

Source: www.familylaw.co.uk

Rise of LiPs “key challenge for family lawyers and courts system” – Legal Futures

Posted December 18th, 2017 in delay, family courts, legal aid, legal representation, litigants in person, news, statistics by sally

‘The rise in the number of litigants-in-person in the family courts since the 2013 legal aid reforms has topped a poll of the causes of discontent among family law practitioners for the fifth year running.’

Legal Futures, 15th December 2017

Source: www.legalfutures.co.uk

Child friendly courts: what we can learn from America – Legal Voice

Posted December 12th, 2017 in children, courts, family courts, news, victims, witnesses, young persons by sally

‘At the tender age of seven, I was faced with the prospect of having to go to court to give evidence. Fortunately, the case settled and I was spared the ordeal of going to court, but I will never forget the endless sleepless nights and distress I felt at the thought of it. The experience made me determined to do whatever I could when I was older to prevent any other child feeling this way.’

Legal Voice, 11th December 2017

Source: www.legalvoice.org.uk

What Do Judges Do In The Family Court? – Gresham College

Posted December 11th, 2017 in family courts, judges, lectures, news by sally

‘What do judges do in the Family Court? Follow me through a virtual week as a Roving Judge. Learn what goes on behind the scenes: how the family court room works and who is needed to make it work.

A judge’s approach to a case can fundamentally affect the way the parties perceive the trial as fair. What makes for a good judge? What training do they have? Do they properly reflect society’s makeup? Is diversity left at the red baize door and kept outside the corridors of power?’

Gresham College, 30th November 2017

Source: www.gresham.ac.uk

Evidence of children and vulnerable witnesses: Part 1 – Family Law

Posted December 11th, 2017 in children, civil procedure rules, evidence, family courts, learning difficulties, legal aid, news, witnesses by sally

‘This article (the first of two) considers the evidence of any witness in family proceedings where that evidence diverges from the general procedural rules (as explained below) for evidence in family proceedings.’

Family Law, 8th December 2017

Source: www.familylaw.co.uk

President of the Family Division Circular: Financial remedies courts – Courts and Tribunals Judiciary

Posted December 5th, 2017 in family courts, financial provision, judges, press releases by tracey

‘The need for and the many benefits to be derived from the introduction of a national system of Financial Remedies Courts have been persuasively argued by HHJ Martin O’Dwyer, HHJ Edward Hess and Joanna Miles: Hess and Miles, The recognition of money work as a speciality in the family courts by the creation of a national network of Financial Remedies Units [2016] Fam Law 1335, and O’Dwyer, Hess and Miles, Financial Remedies Courts [2017] Fam Law 625. I have made clear my support for this: Note by the President [2016] Fam Law 1340, and 17th View from the President’s Chambers: divorce and money – where are we and where are we going? [2017] Fam Law 607.

Following discussions with HMCTS, I am proposing to pilot the Financial Remedies Court (FRC) concept in three places, starting, I hope, in February 2018: London, the West Midlands and South-East Wales. I envisage that further pilots will follow quite shortly on a rolling programme.’

Full press release

Courts and Tribunals Judiciary, 1st December 2017

Source: www.judiciary.gov.uk

Surrogacy and IVF cases put the courts under pressure, says senior judge – Daily Telegraph

Posted November 29th, 2017 in assisted reproduction, child abduction, family courts, news, surrogacy by sally

‘IVF and surrogacy cases are putting the courts under pressure, a High Court judge has said, as he urged an update to legislation.’

Daily Telegraph, 28th November 2017

Source: www.telegraph.co.uk

Dodgy drug test results – what should I do? – Transparency Project

Posted November 27th, 2017 in alcohol abuse, drug abuse, evidence, family courts, forensic science, Ministry of Justice, news, placement orders by sally

‘On 21 November the Ministry of Justice and Her Majesty’s Courts and Tribunal’s Service issued advice for those concerned about potentially unreliable forensic toxicology (drug) tests in some family cases. The advice also relates to criminal trials, but this post looks at the issue for people who have been involved with a family court case and who are worried that the test results may have been dodgy.’

Transparency Project, 23rd November 2017

Source: www.transparencyproject.org.uk

Exploring applications for declarations of parentage (Akyuz v Akyuz) – Family Law

Posted November 27th, 2017 in choice of forum, family courts, foreign jurisdictions, jurisdiction, news, paternity, stay of proceedings, time limits by sally

‘Private Client analysis: Michael Wells-Greco, partner at Charles Russell Speechlys, examines the issues in Akyuz v Akyuz and examines whether an application for a declaration of parentage should be dismissed or stayed on the basis of forum non conveniens.’

Family Law, 24th November 2017

Source: www.familylaw.co.uk

Guidance on unreliable or manipulated forensic toxicology tests – Family Law

Posted November 27th, 2017 in criminal justice, evidence, family courts, forensic science, Ministry of Justice, news by sally

‘The Ministry of Justice (MoJ) has released guidance for those concerned about potentially unreliable forensic toxicology tests. This follows police investigations into the potential manipulation of forensic toxicology test results at two private companies, Trimega Laboratories Limited and Randox Testing Services. The test results were used as expert evidence in England and Wales. The guidance includes examples which aim to help people understand where toxicology tests may have been used as part of decision making in court cases, and provides advice for those who believe their case may have been adversely affected by manipulated test results.’

Family Law, 24th November 2017

Source: www.familylaw.co.uk

Regulator calls for better scrutiny of drug testing in family courts – The Guardian

Posted November 24th, 2017 in alcohol abuse, drug abuse, evidence, family courts, forensic science, news by tracey

‘The government’s forensic regulator has called for fresh scrutiny of drug and alcohol testing carried out for the family courts, after a scandal at a Manchester laboratory raised doubts about the quality of evidence used in thousands of child custody proceedings.’

The Guardian, 24th November 2017

Source: www.theguardian.com

The court’s role in sanctioning medical treatment and the withdrawal of medical treatment of children: “Parental autonomy and a child’s best interests: Should the courts have the final say?” – Transparency Project

Posted November 22nd, 2017 in children, family courts, medical treatment, news, parental rights by sally

‘This was the vexed question posed at the 11th Family Justice Council Annual Debate last night. (The discussion was chaired by the Right Honourable Sir James Munby, President of the Family Division of the High Court and Chairman of the Family Justice Council).’

Transparency Project, 22nd November 2017

Source: www.transparencyproject.org.uk

Elsie Scully-Hicks – Family Court Judgment Released – Transparency Project

Posted November 21st, 2017 in adoption, child abuse, family courts, judgments, murder, news by sally

‘Mr Justice Moor has today [20 November] published his judgment about the death of Elsie (known to her biological family as Shayla). You can read the judgment here: The County Council of the City and County of Cardiff -v- Matthew Scully-Hicks and Others.’

Transparency Project, 20th November 2017

Source: www.transparencyproject.org.uk

The revised Practice Direction 12J: Child Arrangements & Contact Order: Domestic Violence and Harm – Family Law Week

Posted November 20th, 2017 in child abuse, child arrangements orders, contact orders, domestic violence, family courts, news, practice directions by tracey

‘Marie Crawford, barrister of Becket Chambers, explains in detail the changes to Practice Direction 12J.’

Family Law Week, 17th November 2017

Source: www.familylawweek.co.uk

Have We Created a Monster? Intractable Contact Disputes and Parental Alienation in Context – Family Law Week

Posted November 16th, 2017 in children, contact orders, divorce, family courts, news, parental rights, residence orders by tracey

‘Briony Palmer, barrister of 3 Dr Johnson’s Buildings, considers intractable contact disputes where the underlying dynamics are not obvious.’

Family Law Week, 15th November 2017

Source: www.familylawweek.co.uk

Surrogacy and HFEA Update (November 2017) – Family Law Week

Posted November 8th, 2017 in assisted reproduction, damages, declarations of incompatibility, documents, embryology, family courts, foreign jurisdictions, negligence, news, oral hearings, parental responsibility, parliamentary papers, surrogacy, wardship by tracey

‘Andrew Powell, barrister of 4 Paper Buildings, considers recent developments relating to surrogacy law as well as the latest cases concerning administrative errors and the HFEA.’

Family Law Week, 7th November 2017

Source: www.familylawweek.co.uk

Covert recordings: what should family lawyers advise? – Family Law

Posted November 7th, 2017 in evidence, family courts, news, privacy by tracey

‘Covert recording is no longer limited to the realms of spies and detectives. With advancements in technology anyone can takeout their phone and record without anyone else knowing. The technology (including spy ware) is readily available and relatively inexpensive so it’s inevitable that people will seek to use it. It is now the case that practitioners are frequently seeing covert recordings arise in the context of family proceedings which involve the recording of family members, children and professionals. This may be a result of what is perceived to be a growing mind set of distrust in the competency of the family justice system and professionals working within it or because individuals are simply hoping to bolster their case with the footage they have obtained.’

Family Law, 6th November 2017

Source: www.familylaw.co.uk

Law and religion round-up – 5th November – Law & Religion UK

Posted November 6th, 2017 in burials and cremation, Church of England, disclosure, ecclesiastical law, family courts, islamic law, news, religious discrimination, unfair dismissal, victimisation, young offenders by tracey

‘A week in which the Westminster sexual exploitation scandal continued to claim scalps, there was an important report on House of Lords reform – and Brexit rumbled on’

Law & Religion UK, 5th November 2017

Source: www.lawandreligionuk.com

Covert recordings in family proceedings (Re B (A Child)) – Family Law

Posted November 3rd, 2017 in evidence, family courts, judgments, news by tracey

‘Family analysis: Farooq Ahmed, barrister at Westgate Chambers, considers the Court of Appeal’s decision in Re B (A Child) and how practitioners should consider whether to introduce covert recordings in family proceedings.’

Family Law, 1st November 2017

Source: www.familylaw.co.uk

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