International child abduction proceedings: key points to note from the latest President’s guidance – Family Law

Posted March 23rd, 2018 in case management, child abduction, family courts, news, practice directions by tracey

‘On 13 March 2018, a new practice direction was issued by the President concerning Case Management and Mediation of International Child Abduction Proceedings.
A practice direction tells anyone involved in judicial proceedings how to manage the case and interpret the Court rules. The practice guidance has been issued by the President to ensure all applications are appropriately case managed – whether commenced by a without notice application or on notice. The guidance deals with a number of aspects of child abduction proceedings, but practitioners should take note in particular of the changes made in relation to without notice applications and mediation.’

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Family Law, 21st March 2018

Source: www.familylaw.co.uk

Speech by Sir James Munby: Changing families – family law yesterday, today and tomorrow – a view from south of the Border – Courts and Tribunals Judiciary

‘Speech by Sir James Munby: Changing families – family law yesterday, today and tomorrow – a view from south of the Border.’

Full speech

Courts and Tribunals Judiciary, 21st March 2018

Source: www.judiciary.gov.uk

Lawyers, Legal Language and Fact-finding Hearings under Part IV of the Children Act 1989 – Family Law Week

Posted March 23rd, 2018 in care orders, domestic violence, evidence, families, family courts, news by tracey

‘David Bedingfield, barrister of 4 Paper Buildings, discusses what lessons can be learned from the Court of Appeal’s judgment in R (Children) [2018] EWCA Civ 198.’

Full Story

Family Law Week, 16th March 2018

Source: www.familylawweek.co.uk

Family court secrecy lets judges get away with mistakes, senior judge says – Daily Telegraph

Posted March 15th, 2018 in family courts, judges, law reports, media, mistake, news, private hearings by tracey

‘Secrecy in family courts could be allowing judges to get away with mistakes, the most senior family judge in England and Wales has said. Speaking at an event on Tuesday evening, Sir James Munby, president of the high court’s family division, said that judges were “grotesquely overworked” and “tired” and so more likely to make errors.’

Full Story

Daily Telegraph, 14th March 2018

Source: www.telegraph.co.uk

Practice Guidance: Case Management and Mediation of International Child Abduction Proceedings – Family Law

‘For the purposes of this Practice Guidance, ‘international child abduction proceedings’ are proceedings in which the return of a child is sought under any of the following:
Introduction
(a) The Convention on the Civil Aspects of International Child Abduction of 25 October 1980 (‘the 1980 Hague Convention’);
(b) The Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (‘the 1996 Hague Convention’);
(c) Council Regulation (EC) No 2201/2003 of 27 November 2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility (‘the Council Regulation’);
(d) The High Court’s power to make an order returning the child to another jurisdiction or to make an order for the return of the child to this jurisdiction (‘the inherent jurisdiction’).’

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Family Law, 13th March 2018

Source: www.familylaw.co.uk

Family Drug and Alcohol Courts to expand across London – Local Government Lawyer

Posted March 1st, 2018 in alcohol abuse, care orders, courts, drug abuse, families, family courts, London, news by sally

‘The Family Drug and Alcohol Court ( FDAC) is to expand in London after a partnership of nine boroughs, led by Merton Council, commissioned the service from the Tavistock and Portman NHS Foundation Trust.’

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Local Government Lawyer, 28th February 2018

Source: www.localgovernmentlawyer.co.uk

Does the inclusion of families and children in family proceedings go far enough? – Family Law Week

Posted February 23rd, 2018 in children, families, family courts, judgments, news, witnesses by tracey

‘Adele Cameron-Douglas, barrister of 4 Paper Buildings, asks how children can continue to be involved in proceedings that concern them after their conclusion.’

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Family Law Week, 22nd February 2018

Source: www.familylawweek.co.uk

Non-molestation: a definition for 2018? – Family Law

Posted February 9th, 2018 in child abuse, domestic violence, family courts, injunctions, news by tracey

‘What is “non-molestation”? How do family courts, by order, deal with “molestation”, as it is now defined in law? What is “domestic violence” or (if different) “domestic abuse”? Each of these different terms crop up in different legal contexts; and – absurdly, it may be thought – each may mean something slightly different according to context.’

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Family Law, 8th February 2018

Source: www.familylaw.co.uk

The use of testing for drugs and alcohol in FDAC – Family Law

‘The FDAC National Unit (NU) coordinates quarterly meetings for all FDAC substance misuse workers, to provide a forum for discussing issues arising from working in FDAC, which is a very different experience to working within adult treatment services. Issues that arise include being part of a multi-disciplinary team, working within the tight timescales of care proceedings, and the need to focus on the welfare of the child and the child’s timescales rather than solely on the parent/s. Issues relating to testing are also discussed regularly.’

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Family Law, 9th January 2018

Source: www.familylaw.co.uk

Privacy, the common law and a celebrity divorce – Transparency Project

Posted January 10th, 2018 in divorce, family courts, media, news, privacy by sally

‘Under the headline ‘Jamie and Louise Redknapp’s divorce papers to be kept secret as a judge blocks the release of documents’ the Transparency Project reported last week-end that the Press were complaining a London court had ‘blocked the release of papers that would normally be made public and he has not given a reason why’. The Daily Mail, TP said, had complained: ‘A judge has thrown a blanket of secrecy over the’ couple’s divorce.’

Full Story

Transparency Project, 9th January 2018

Source: www.transparencyproject.org.uk

Celebrities are given a smidgen of privacy at a difficult time in their lives shocker – Transparency Project

Posted January 8th, 2018 in civil procedure rules, family courts, media, news, privacy by sally

‘The Sun are very very cross. Why is that? Well…. Here’s the headline:

REDKNAPP DIVORCE SECRET
Jamie and Louise Redknapp’s divorce papers to be kept secret as a judge blocks the release of documents.’

Full Story

Transparency Project, 6th January 2018

Source: www.transparencyproject.org.uk

A fork in the road – Cafcass and their pathways – Transparency

Posted January 8th, 2018 in domestic violence, family courts, news, parental rights, social services by sally

‘A little while ago we wrote some about Cafcass’ new proposed High Conflict pathway, which had been hailed in the press as a big thing in terms of dealing effectively with parental alienation. We had been offered an interview with the Cafcass Principal Social Worker, which had cleared up some of our questions but which had raised others.’

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Transparency Project, 6th January 2018

Source: www.transparencyproject.org.uk

The open justice principle: a child’s crimes and a parent’s misdemeanour – Transparency Project

‘What legal principles connect publicity for the 17 year-old Charlie Pearce (born 3 July 2000), a double rapist and attempt murderer (R v Pearce (Press Restrictions) Haddon-Cave J (7 December 2017)) and privacy for a stalking mother who, with her cohabitant (‘Mr JM’) tried to disrupt her 10 year-old daughter T’s foster placement (Re T (A Child) [2017] EWCA Civ 1889 (23 November 2017)).’

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Transparency Project, 31st January 2018

Source: www.transparencyproject.org.uk

Finance and Divorce Update, December 2017 – Family Law Week

Posted December 20th, 2017 in divorce, family courts, financial provision, fraud, jurisdiction, news, solicitors by tracey

‘Frances Bailey Principal Associate and Naomi Shelton, Associate with Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during November 2017.’

Full Story

Family Law Week, 6th December 2017

Source: www.familylawweek.co.uk

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.’

Full Story

Family Law, 18th December 2017

Source: www.familylaw.co.uk

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

‘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.’

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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.’

Full Story

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?’

Full Story

Gresham College, 30th November 2017

Source: www.gresham.ac.uk

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

‘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.’

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Family Law, 8th December 2017

Source: www.familylaw.co.uk

Social worker wins right to use documents for ECHR claim over judicial criticism – Local Government Lawyer

Posted December 8th, 2017 in care orders, disclosure, family courts, human rights, news, social services by sally

‘The President of the Family Division, Sir James Munby, has allowed a social worker to use restricted documents in proceedings to be brought over a judge’s critical remarks about her.’

Full Story

Local Government Lawyer, 6th December 2017

Source: www.localgovernmentlawyer.co.uk