‘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
‘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
‘A landmark report published today by the Nuffield Foundation calls for an end to fault-based divorce law in England and Wales.’
Family Law, 30th October 2017
Source: www.familylaw.co.uk
‘The Government has informed the Law Commission that ‘now is not the right time’ for a full review of marriage law.’
Family Law, 27th October 2017
Source: www.familylaw.co.uk
‘Last week Sir James Munby, President of the Family Division of the High Court, said that covert recording had become a ‘much more pressing issue’ in family proceedings. In particular he highlighted the increased prevalence of recordings of children, other family members and even professionals being placed before the courts as evidence to support one party’s position or to undermine the others.’
Family Law, 27th October 2017
Source: www.familylaw.co.uk
‘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?’
Family Law, 26th October 2017
Source: www.familylaw.co.uk
‘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.’
Transparency Project, 24th October 2017
Source: www.transparencyproject.org.uk
‘Politicians, campaigners and lawyers have long considered the extent to which children should be directly involved in Children Act proceedings.’
Family Law, 25th October 2017
Source: www.familylaw.co.uk
‘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.’
Family Law, 20th October 2017
Source: www.familylaw.co.uk
‘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.’
BBC News, 17th October 2017
Source: www.bbc.co.uk
‘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.’
Family Law, 13th October 2017
Source: www.familylaw.co.uk
‘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.’
The Guardian, 13th October 2017
Source: www.theguardian.com
‘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.’
Law Society's Gazette, 29th September 2017
Source: www.lawgazette.co.uk
‘New family court guidance to protect children from violent parents during custody disputes is “lifesaving,” domestic violence campaigners say.’
BBC News, 29th September 2017
Source: www.bbc.co.uk
‘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.’
Transparency Project, 24th September 2017
Source: www.transparencyproject.org.uk
‘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.’
Family Law Week, 20th September 2017
Source: www.familylawweek.co.uk
‘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.’
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, 14th September 2017
Source: www.familylaw.co.uk
‘British jihadis returning from Syria will put pressure on the family courts over the next year, the Lord Chief Justice has said.’
Daily Telegraph, 7th September 2017
Source: www.telegraph.co.uk
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