The Family Court and domestic abuse: achieving cultural change – Home Office

Posted July 18th, 2023 in domestic violence, family courts, news by tracey

‘”The Family Court and domestic abuse: achieving cultural change” is the second report on the family justice system from the Domestic Abuse Commissioner which seeks to improve the Family Court and its ability to effectively engage with domestic abuse.’

Full report

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Home Office, 17th July 2023

Source: www.gov.uk

“Women will suffer” warning as CA hears divorce costs funding case – Legal Futures

Posted July 12th, 2023 in appeals, costs, divorce, families, family courts, law firms, news, statistics, women by sally

‘The future of litigation funding in divorce cases – which new figures from law firms show mainly benefits women – is in the balance as the Court of Appeal hears a crucial appeal.’

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Legal Futures, 12th July 2023

Source: www.legalfutures.co.uk

Fairness versus Certainty – Should the Matrimonial Causes Act 1973 be Amended to Restrict the Duration of Spousal Maintenance? – Financial Remedies Journal

‘As part of the Law Commission’s review of the law concerning financial division upon divorce, announced on 4 April 2023, it will consider “how maintenance payments for an ex-spouse or civil partner should work”. The terms of reference set out that the Law Commission is to consider specifically potential maximum periods for spousal periodical payment orders.’

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Financial Remedies Journal, 3rd July 2023

Source: financialremediesjournal.com

What is the Tipstaff and what is their role? – Family Law

Posted June 30th, 2023 in child abduction, children, courts, families, family courts, news by tracey

‘The Tipstaff is often one of the first topics of discussion raised by new clients who have been accused of abducting their children. Questions that I am regularly asked are “What is the Tipstaff?” “What is their role in my case?” “Why did they send the police to visit me?” and “why do I have to provide them with my passports?” ‘

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Family Law, 26th June 2023

Source: www.familylaw.co.uk

Different rules on draft judgment embargoes “totally unacceptable” – Legal Futures

Posted June 28th, 2023 in family courts, judges, judgments, news by sally

‘The “inexplicable differences” in the embargo rules for draft rulings in the King’s Bench Division, Family Division and Crown Court are “completely unacceptable”, a High Court judge has said.’

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Legal Futures, 28th June 2023

Source: www.legalfutures.co.uk

Guidance clarifies use of psychologist expert witnesses in Family Courts to tackle “lack of understanding” of titles and qualifications – Local Government Lawyer

Posted June 27th, 2023 in expert witnesses, family courts, news, professional conduct by sally

‘The British Psychological Society (BPS) and the Family Justice Council (FJC) have issued guidance on the use of psychologists as expert witnesses in the Family Courts, which seeks to fix a “lack of understanding and awareness” that has seen the use of titles in the Family Court System that have “no specific meaning, nor are they protected or regulated”.’

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Local Government Lawyer, 26th June 2023

Source: www.localgovernmentlawyer.co.uk

New Order Precedents Summarise Privacy Restrictions for Readers – Transparency Project

Posted June 19th, 2023 in children, confidentiality, families, family courts, news, privacy by sally

‘Most Family Court orders have some sort of confidentiality warning on them these days, especially in cases about children. Typically they warn that the names of the children and family members must not be published.’

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Transparency Project, 18th June 2023

Source: transparencyproject.org.uk

MoJ sets up online procedure rule committee for Civil, Family and Tribunal jurisdictions – Local Government Lawyer

‘The Ministry of Justice (MoJ) has launched a new committee to help guide judges, legal representatives and litigants through online court procedures.’

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Local Government Lawyer, 13th June 2023

Source: www.localgovernmentlawyer.co.uk

No anonymity for contempt against family court – Transparency Project

‘The decision in EBK v DLO [2023] EWHC 1074 (Fam) was reported in the local press as “Royal marine fails in contempt proceedings against ex-partner”. The case involved a lengthy history of disputes over contact, allegations of domestic abuse, employment sanctions, and defamation actions taken against the police and Cafcass. Here, we look at important points on transparency that emerged.’

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Transparency Project, 6th June 2023

Source: transparencyproject.org.uk

Family Court reporting pilot “risks failure” without improvement in flow of information between court and press, says Family President – Local Government Lawyer

‘A review of the family court reporting pilot carried out by the Transparency Implementation Group (TIG) has highlighted “issues that require guidance”.’

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Local Government Lawyer, 5th June 2023

Source: www.localgovernmentlawyer.co.uk

Transparency – cases about finance on divorce – Transparency Project

‘The Financial Remedies Court sub-group of the Transparency Implementation Group (TIG ) has published a 164 page report. This refers to cases about financial remedies on divorce i.e resolving issues between divorcing couples about their income and assets – they are not cases about children. The parties often have legal representation, but not always.’

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Transparency Project, 31st May 2023

Source: transparencyproject.org.uk

Barbara Mills KC becomes first black person and first family law practitioner for 35 years to be elected Vice Chair of Bar Council – Local Government Lawyer

Posted May 23rd, 2023 in barristers, family courts, king's counsel, minorities, news by sally

‘Barbara Mills KC has been elected as the Bar Council’s Vice Chair, becoming the first family law practitioner to be selected for the position in 35 years and the first black person and first person of colour.’

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Local Government Lawyer, 22nd May 2023

Source: www.localgovernmentlawyer.co.uk

New research examines the reasons behind Deprivation of Liberty applications and the complex needs of the children involved – Family Law

Posted May 15th, 2023 in children, detention, families, family courts, news by tracey

‘In recent years there has been a marked increase in the use of the inherent jurisdiction of the family court to deprive children of their liberty. In these cases, restrictions are placed on a child’s liberty beyond what would normally be expected for a child of the same age. This may include them being kept in a locked environment that they are not free to leave, being kept under continuous supervision, and being subject to restraint or medical treatment without consent. In response, the President of the Family Division launched a national Deprivation of Liberty (DoL) court at the Royal Courts of Justice, which is running for a pilot period of 12 months from July 2022.’

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Family Law, 12th May 2023

Source: www.familylaw.co.uk

The Nicholas Wall Memorial Lecture, given by Lord Justice Peter Jackson: ‘Is Family Law law?’ – Courts and Tribunals Judiciary

Posted May 12th, 2023 in families, family courts, judges, speeches by tracey

‘The Nicholas Wall Memorial Lecture, given by Lord Justice Peter Jackson: “Is Family Law law?”’

Full lecture

Courts and Tribunals Judiciary, 11thMay 2023

Source: www.judiciary.uk

Judge orders woman to directly arrange childcare arrangements with rapist ex-husband – The Independent

‘A judge has been criticised for ordering a rape victim to directly arrange childcare with an ex-husband who subjected her to rape and domestic abuse.’

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The Independent, 11th May 2023

Source: www.independent.co.uk

One in ten private family law applications involve non-parents, research finds – Local Government Lawyer

Posted April 27th, 2023 in child arrangements orders, families, family courts, news, reports, statistics by sally

‘Research published by Nuffield Family Justice Observatory (Nuffield FJO) has found that private family law applications involving non-parents are diverse, and “circumstances may overlap with public law cases”.’

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Local Government Lawyer, 26th April 2023

Source: www.localgovernmentlawyer.co.uk

Can an adult child seek maintenance from their parents? – Family Law

‘There have recently been two cases in which adult children have begun court proceedings seeking a formal court order to force their parents into providing ongoing financial support to them.’

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Family Law, 12th April 2023

Source: www.familylaw.co.uk

Custody, carer, client: family lawyers identify ‘harmful’ words – Law Society’s Gazette

Posted April 13th, 2023 in divorce, families, family courts, legal language, news by sally

‘Custody, versus, battle, opponent, rights, parties and dispute – these are the words family law professionals consider the most harmful to family relationships, according to the Family Solutions Group. The group, set up by Mr Justice Cobb in 2020, marked the first anniversary of no-fault divorce reforms by calling for an end to “combative” language in family separation cases.’

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Law Society's Gazette, 11th April 2023

Source: www.lawgazette.co.uk

Secure Accommodation Order applications do not need a Circuit Judge – Becket Chambers

‘This article will set out the law in relation to the judicial allocation for applications under s.25 of the Children Act 1989.’

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Becket Chambers, 2nd March 2023

Source: becket-chambers.co.uk

Spousal applications for reasonable financial provision under section 1 (1) (a) of the Inheritance Act 1975: Law and procedure and the judgment of Mr Justice Peel in Kaur v Estate of Karnail Singh & Ors [2023] EWHC 304 (Fam) – Becket Chambers

‘It was, Mr Justice Peel concluded, “the clearest possible case” for reasonable financial provision from a deceased’s estate under section 1 (1) (a) of the Inheritance (Provision for Family and Dependants) Act 1975 (IA 1975).’

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Becket Chambers, 15th March 2023

Source: becket-chambers.co.uk