Sir James Munby, President of the Family Division, Practice Direction 27a and ‘the Delinquents’ – The World of Family Law (Garden Court Chambers)

Posted March 19th, 2015 in documents, family courts, news, practice directions by sally

‘All Family practitioners should now be familiar with the case of, In the matter of L (A Child) 2015 EWFC 15 (26 February 2015) FPR 2010. In summary this is about Practice Direction 27a – Family Proceedings: Court Bundles (universal practice to be applied in the High Court and Family Court). It provides guidance on court bundles that should be provided to a court for a hearing.’

Full story

The World of Family Law (Garden Court Chambers), 18th March 2015

Source: www.gcfamily.wordpress.com

Specialist Family Drug and Alcohol Court is going nationwide – Halsbury’s Law Exchange

‘The Family Drug and Alcohol Court (FDAC), introduced by District Judge Crichton in 2007, has been piloted in London and successfully rolled out to Milton Keynes and Gloucestershire. The court aims to help parents struggling with alcohol or drug abuse where this features as a key element in a local authority’s decision to bring care proceedings.’

Full story

Halsbury’s Law Exchange, 17th March 2015

Source: www.halsburyslawexchange.co.uk

Lawyers, Social Workers and the Proportionality Test – Family Law Week

‘David Bedingfield, barrister of 4 Paper Buildings, considers the President’s judgment in A (A Child) [2015] EWFC 11 and the lessons to be derived by practitioners.’

Full story

Family Law Week, 9th March 2015

Source: www.familylawweek.co.uk

Family court hammers firm in compliance crackdown – Law Society’s Gazette

Posted March 5th, 2015 in civil procedure rules, costs, family courts, news by tracey

‘The family court has renewed a stern message to litigants that it will not tolerate non-compliance with court orders. The Honourable Mr Justice Keehan said practitioners must be made aware that poor practices pre-dating new Civil Procedure Rules should no longer be a feature of family litigation.’

Full story

Law Society’s Gazette, 4th March 2015

Source: www.lawgazette.co.uk

Bar Council backs MoJ U-turn on funding for DNA parentage testing – The Bar Council

Posted February 27th, 2015 in DNA, family courts, legal aid, paternity, press releases by tracey

‘The Ministry of Justice’s decision to reinstate funding for DNA tests that determine parentage in family court cases was the right thing to do, says the Bar Council after Justice Minister Simon Hughes announced funds for between £500,000 and £1m a year to pay for tests.’

Full press release

The Bar Council, 23rd February 2015

Source: www.barcouncil.org.uk

President of Family Division inveighs against social engineering in adoption proceedings – UK Human Rights Blog

Posted February 25th, 2015 in adoption, care orders, children, custody, drug abuse, families, family courts, human rights, news by sally

‘In a scathing judgment, the president of the Family Division has condemned as “social engineering” a local authority’s application to remove a baby boy permanently from the care of his father and place him for adoption.’

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UK Human Rights Blog, 25th February 2015

Source: www.ukhumanrightsblog.com

Law in Tesco (not Tesco law) – The Future of Law

‘Family proceedings involving children where neither parent had legal representation, increased by 30% in the family court in 2013-14, revealed the National Audit Office last year in a report on legal aid.’

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The Future of Law, 20th February 2015

Source: www.blogs.lexisnexis.co.uk

Finance & Divorce Update – Family Law Week

‘Jessica Craigs, senior solicitor of Mills & Reeve LLP analyses the financial remedies and divorce news and cases from January 2015.’

Full story

Family Law Week, 19th February 2015

Source: www.familylawweek.co.uk

DNA tests to cut courtroom battles – Ministry of Justice

Posted February 18th, 2015 in delay, divorce, DNA, family courts, news by sally

‘DNA tests in family courts will be provided across England from later this year, Justice Minister Simon Hughes has announced.’

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Ministry of Justice, 17th February 2015

Source: www.gov.uk/government/organisations/ministry-of-justice

Family Drug and Alcohol Courts to be extended in England – BBC News

Posted February 18th, 2015 in alcohol abuse, drug abuse, families, family courts, news by sally

‘Courts which help parents deal with drug or alcohol addiction so they can keep their children are to be opened in more areas of England.’

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BBC News, 18th February 2015

Source: www.bbc.co.uk

Family court judges given power to order DNA tests – BBC News

Posted February 17th, 2015 in DNA, family courts, news, parental responsibility, paternity, pilot schemes by sally

‘Family court judges in England will be able to order DNA tests to determine a child’s parentage from September, Justice Minister Simon Hughes has said.’

Full story

BBC News, 17th February 2015

Source: www.bbc.co.uk

Something must be done – will a partial return to Calderbank fit the Bill (or at least reduce it)? – Family Law Week

Posted February 16th, 2015 in costs, divorce, families, family courts, financial provision, news by sally

‘Tom Wilson, pupil at 1 Garden Court Family Law Chambers, examines the possibility of a partial re-introduction of the Calderbank offer.’

Full story

Family Law Week, 12th February 2015

Source: www.familylawweek.co.uk

Schedule 1 to The Children Act 1989: Not Just for Wags – Family Law Week

‘Anita Mehta, barrister of Crown Office Row, Brighton, argues that Schedule 1 to the Children Act 1989 applications should not be regarded as the domain of footballers’ girlfriends or the uber-wealthy but as a powerful tool for meeting children’s needs in a wide variety of cases.’

Full story

Family Law Week, 6th February 2015

Source: www.familylawweek.co.uk

Financial Remedies Working Group final report – Judiciary.gov.uk

‘The Financial Remedies Working Group (“the group”) was established by the President of the Family Division in June 2014. It has been chaired by Nicholas Mostyn J and Stephen Cobb J.

The group produced an interim report on 31 July 2014, making a number of recommendations. This final report should be read in conjunction with that interim report.’

Final report

Judiciary of England and Wales, 28th January 2015

Source: www.judiciary.gov.uk

Male circumcision can be part of “reasonable parenting”, but no form of FGM is acceptable – Family Court – UK Human Rights Blog

Posted January 19th, 2015 in children, expert witnesses, family courts, female genital mutilation, news by tracey

‘B and G (Children) (No.2) [2015] EWFC 3. Contemplating the details of different forms of female genital mutilation is not for the faint hearted. But that is what the courts and the relevant experts have to do, not only to protected alleged victims but to defend the interests of those suspected of perpetuating the procedure, whether it is a question of criminal liability under the FGM Act 2003, or determining that a threshold of harm has been passed so as to initiate care proceedings if the victim is a child.’

Full story

UK Human Rights Blog, 18th January 2015

Source: www.ukhumanrightsblog.com

Unrepresented parents in family cases: are errors going unnoticed? – Halsbury’s Law Exchange

Posted January 14th, 2015 in children, delay, families, family courts, litigants in person, news by tracey

‘Is a lack of legal representation in family cases increasing the likelihood of procedural errors going unnoticed? The judgment in Re P (A Child) suggests that there is a pressing need for change by the courts and judiciary.’

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Halsbury’s Law Exchange, 14th January 2015

Source: www.halsburyslawexchange.co.uk

Judge left anonymous in family court case is named – Daily Telegraph

Posted January 13th, 2015 in anonymity, family courts, judges, news by sally

‘Judicial Office names judge in Reading case as Eleanor Owens after identities of everyone involved kept secret in highly-unusual move.’

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Daily Telegraph, 12th January 2015

Source: www.telegraph.co.uk

Neither compassionate nor humane – Legal Aid Handbook

‘The first two reported cases of the year in the Family Court are both concerned with the difficulties litigants – not to mention practitioners, and the courts – are now faced with when trying to navigate the legal aid system. The first – about which we posted here – concerned an unrepresented father who couldn’t get legal aid despite needing to cross-examine a child who had accused him of abuse, leading to the court to order that he be funded outside the legal aid scheme.’

Full story

Legal Aid Handbook, 11th January 2015

Source: www.legalaidhandbook.com

An avalanche of reform – New Law Journal

Posted January 9th, 2015 in case management, divorce, family courts, financial provision, news by sally

‘Geraldine Morris reviews the family law changes in 2014 & makes predictions for the year ahead.’

Full story

New Law Journal, 8th January 2015

Source: www.newlawjournal.co.uk

Social workers must not ‘shy away’ from adoption – top family judge – Daily Telegraph

Posted December 17th, 2014 in adoption, families, family courts, news, social services by sally

‘Sir James Munby seeks to head off collapse in adoption placements warning that children could be put at risk by new obsession with keeping them with relatives ‘at all costs’.’

Full story

Daily Telegraph, 16th December 2014

Source: www.telegraph.co.uk