Category: family courts

Mediation and the judge’s letter to ‘Sam’: judges need to ‘use their imaginations’ – Family Law

Posted October 27th, 2017 in children, dispute resolution, family courts, judges, judgments, news by sally

‘In a recent article Jane Robey makes a serious point about judicial referral of parties to mediation; but she does so by criticising the judgment of Peter Jackson J (now Peter Jackson LJ) and his letter to ‘Sam’. There are lots of things wrong with the family justice system; and take up of mediation is disappointing. To use Peter Jackson J’s direct communication with the subject of the application in his court, as a means of promoting referral to mediation is surely to pick the wrong target?’

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Family Law, 26th October 2017

Source: www.familylaw.co.uk

Covert Recording : A hot potato lob by the Court of Appeal – Transparency Project

Posted October 26th, 2017 in children, evidence, families, family courts, news, social services by sally

‘The Court of Appeal delivered judgment in Re B (A Child) [2017] EWCA Civ 1579 last week. In it they consider (but do not resolve) the question of how the Family Court should deal with evidence obtained by covert recording. Whilst it took the Court of Appeal almost a year from the hearing of the appeal to the delivery of judgment (see our post about the appeal hearing itself here), this particular potato remains red hot. The topic of recording – covertly or overtly, of social workers or children or otherwise – is discussed daily on private groups on Facebook, openly on other social media platforms – and, from time to time, in judgments of the Family Court and by lawyers.’

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Transparency Project, 24th October 2017

Source: www.transparencyproject.org.uk

Should children be heard in court? – Family Law

Posted October 26th, 2017 in children, family courts, news by sally

‘Politicians, campaigners and lawyers have long considered the extent to which children should be directly involved in Children Act proceedings.’

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Family Law, 25th October 2017

Source: www.familylaw.co.uk

Family court data links adverse family experiences with proven youth offending – Family Law

Posted October 23rd, 2017 in children, family courts, news, recidivists, young offenders, young persons by sally

‘Children in contact with the public law system are more likely to offend and commit multiple offences between the ages of 10 and 17 than those of the equivalent age group in the general population, according to an analytical summary published by the Ministry of Justice this week.’

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Family Law, 20th October 2017

Source: www.familylaw.co.uk

Should children be heard in English family court cases? – BBC News

Posted October 17th, 2017 in children, family courts, news, treaties, witnesses by tracey

‘Children, campaigners and some judges are calling for a change in the law so that children at the heart of family cases in England and Wales can talk in private to the judge if they so choose.’

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BBC News, 17th October 2017

Source: www.bbc.co.uk

Divorce forum disputes: when dual nationality may not be a possibility – Family Law

Posted October 16th, 2017 in choice of forum, citizenship, divorce, family courts, immigration, international law, jurisdiction, news by sally

‘As there can be dramatic financial and other differences for an international family in proceedings in one country or another, jurisdiction is fundamentally important. It is sometimes based on nationality. But some countries prevent citizens having nationality of more than one country. International family lawyers need to be aware of which countries allow or prohibit dual nationality.’

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Family Law, 13th October 2017

Source: www.familylaw.co.uk

Senior judge warns over ‘shaming’ impact of legal aid cuts – The Guardian

Posted October 16th, 2017 in budgets, family courts, judges, judiciary, legal aid, legal representation, legislation, litigants in person, Ministry of Justice, news by sally

‘One of the most senior family court judges has warned about the impact of legal aid cuts and said it was “shaming” to preside over cases in which individuals are forced to represent themselves.’

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The Guardian, 13th October 2017

Source: www.theguardian.com

Litigant-in-person figures expose family courts crisis – Law Society’s Gazette

Posted October 3rd, 2017 in arbitration, family courts, litigants in person, news, statistics by sally

‘Latest government figures highlighting the rising number of private law cases and litigants in person have prompted calls for the government to heed recent warnings about the family justice system.’

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Law Society's Gazette, 29th September 2017

Source: www.lawgazette.co.uk

Family court changes to protect children ‘lifesaving’ – BBC News

Posted October 2nd, 2017 in children, contact orders, custody, domestic violence, family courts, homicide, news by sally

‘New family court guidance to protect children from violent parents during custody disputes is “lifesaving,” domestic violence campaigners say.’

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BBC News, 29th September 2017

Source: www.bbc.co.uk

Domestic Abuse – revised guidance issued – what does it say?- Transparency Project

Posted September 28th, 2017 in domestic violence, family courts, news, practice directions by sally

‘Children at risk of psychogical or physical abuse must not have contact with parent, judges told (sic)

This was the headline in The Times that arose from the publication by the President of the Family Division of a revised Practice Direction 12J (PD12J). PD12J is the part of the family court rules that sets out how the court should deal with allegations of domestic abuse.’

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Transparency Project, 24th September 2017

Source: www.transparencyproject.org.uk

Public Law Clients with Learning Disabilities – Bridging the gap – Family Law Week

Posted September 27th, 2017 in adoption, appeals, children, disabled persons, family courts, learning difficulties, news, placement orders, social services by tracey

‘Gillian Geddes, barrister, of Hind Court considers the correct focus for public law arguments in support of parents with learning disabilities being allowed to care for their children.’

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Family Law Week, 20th September 2017

Source: www.familylawweek.co.uk

Central storage of electronic bundles in family cases “will begin in early 2018” – Legal Futures

Posted September 19th, 2017 in case management, electronic filing, family courts, news by tracey

‘HM Courts and Tribunals Service (HMCTS) is to start hosting digital family court bundles centrally next year as part of its project to digitise the courts, it has emerged in a briefing sent to family judges.’

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Legal Futures, 19th September 2017

Source: www.legalfutures.co.uk

The President of the Family Division has issued a circular dealing with domestic abuse and containing a new PD12J, which comes into force on 2 October 2017 – Family Law

Posted September 14th, 2017 in domestic violence, family courts, news, practice directions by tracey

‘The President of the Family Division has issued a circular dealing with domestic abuse and containing a new PD12J, which comes into force on 2 October 2017.’

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Family Law, 14th September 2017

Source: www.familylaw.co.uk

Returning jihadis will end up in family courts, Lord Chief Justice warns – Daily Telegraph

Posted September 8th, 2017 in care orders, families, family courts, Islam, news, terrorism by tracey

‘British jihadis returning from Syria will put pressure on the family courts over the next year, the Lord Chief Justice has said.’

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Daily Telegraph, 7th September 2017

Source: www.telegraph.co.uk

Ruling over ‘Muslim foster case’ girl – BBC News

Posted August 30th, 2017 in children, Christianity, family courts, fostering, Islam, London, news by sally

‘A judge has ruled a Christian girl should live with a family member in a case in which it was claimed she was placed with a Muslim foster family.’

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BBC News, 30th August 2017

Source: www.bbc.co.uk

Children: Public Law Update (August 2017) – Family Law Week

Posted August 23rd, 2017 in adoption, appeals, care orders, case management, children, disclosure, enforcement, families, family courts, fostering, human rights, jurisdiction, local government, medical treatment, news, placement orders, public interest immunity, social services by sally

‘John Tughan QC of 4 Paper Buildings reviews a range of recent important public law cases.’

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Family Law Week, 9th August 2017

Source: www.familylawweek.co.uk

The Case of X: A Wake Up Call – Family Law Week

Posted August 23rd, 2017 in children, detention, family courts, hospitals, judges, judgments, jurisdiction, mental health, news, statistics by sally

‘Michael Jones, barrister, Deans Court Chambers, Manchester, considers the lessons to be learned from the case of X which attracted considerable attention in the mainstream media.’

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Family Law Week, 15th August 2017

Source: www.familylawweek.co.uk

Ellie Butler’s parents appear at inquest hearing via video from prisons – The Guardian

Posted August 14th, 2017 in child cruelty, children, family courts, homicide, inquests, judges, live link evidence, news, perverting the course of justice, social services by sally

‘The parents of murdered six-year-old Ellie Butler have appeared via video link from their respective prisons at an inquest hearing into the death of their daughter, and interrupted the proceedings several times.’

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The Guardian, 11th August 2017

Source: www.theguardian.com

DIY divorce form could lead to more adultery accusations, lawyers warn – Daily Telegraph

Posted August 14th, 2017 in divorce, documents, family courts, news by sally

‘A new “DIY” divorce form designed to speed up the process could lead to thousands more people being accused of adultery, lawyers warn.’

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Daily Telegraph, 10th August 2017

Source: www.telegraph.co.uk

Judge attacks mental health provision after approving care plan for suicidal girl – The Guardian

Posted August 8th, 2017 in family courts, judges, mental health, news, young persons by sally

‘A suicidal 17-year-old girl is to be moved to a secure unit on Thursday after a senior judge warned that plans to release her because of a shortage of secure beds for mental health patients would leave “blood on our hands”.’

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The Guardian, 7th August 2017

Source: www.theguardian.com