family courts – Page 43 – Current Awareness

In re NL (A Child) (Appeal: Interim Care Order: Facts and Reasons) – WLR Daily

Posted February 17th, 2014 in care orders, delay, family courts, law reports, lists by sally

In re NL (A Child) (Appeal: Interim Care Order: Facts and Reasons) [2014] EWHC 270 (Fam); [2014] WLR (D) 70

‘The case raised issues of practice and procedure arising in the early stages of care proceedings including: (i) the importance of the need to ensure a just and fair assessment process despite the impetus to complete public law cases within 26 weeks, (ii) the alarming and patently wrong practice of justices sitting in the family proceedings court adopting the local authority’s analysis of what their findings and reasons might comprise, and (iii) the importance of listing appeals from interim care orders, where separation had been sanctioned, as a matter of urgency.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

Family law in crisis – New Law Journal

Posted February 12th, 2014 in budgets, child abduction, delay, dispute resolution, divorce, domestic violence, expert witnesses, family courts, foreign jurisdictions, legal aid, legal representation, litigants in person, news, Pakistan, statistics, time limits by sally

‘Cuts to legal aid have thrown family proceedings into chaos, say Kim Beatson, Caroline Bowden & Ellen Lucas.’

Full story

New Law Journal, 10th February 2014

Source: www.newlawjournal.co.uk

Finance and Divorce Update – Family Law Week

Posted February 4th, 2014 in divorce, family courts, fees, financial provision, McKenzie friends, news by sally

‘Jessica Craigs, senior solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in January.’

Full story

Family Law Update, 2nd February 2014

Source: www.familylawweek.co.uk

Supporting the introduction of the single Family Court – Proposed changes to Family legal aid remuneration schemes – Ministry of Justice

Posted February 3rd, 2014 in budgets, consultations, equality, family courts, fees, legal aid, remuneration by tracey

‘The Government consulted on a proposal to change the current family legal aid fee payment schemes in October 2013. This document reflects the responses that we have received to the consultation and describes how the Government intends to proceed.’

Full document

Ministry of Justice, 31st January 2014

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

Escalating legal fees – why family judges need to “get a grip” – Halsbury’s Law Exchange

Posted January 28th, 2014 in case management, civil procedure rules, costs, family courts, fees, news by sally

‘Legal fees in family proceedings hit the headlines with Young v Young – the now infamous seven year divorce case which saw £6.5m spent on one side’s legal costs alone.’

Full story

Halsbury’s Law Exchange, 27th January 2014

Source: www.halsburyslawexchange.co.uk

Children: Public Law Update – Family Law Week

Posted January 27th, 2014 in adoption, appeals, care orders, children, families, family courts, guardianship, news, Supreme Court by sally

‘John Tughan, barrister of 4 Paper Buildings, analyses recent judgments in public law children cases and, in particular, the Re B-S line of authorities.’

Full story

Family Law Week, 24th January 2014

Source: www.familylawweek.co.uk

Pulling back the curtain of privacy in family and Court of Protection proceedings – Halsbury’s Law Exchange

Posted January 23rd, 2014 in anonymity, Court of Protection, family courts, media, news, privacy, reporting restrictions by sally

‘New guidance on transparency in proceedings has been published by the President of the Family Division and of the Court of Protection, Sir James Munby.’

Full story

Halsbury’s Law Exchange, 23rd January 2014

Source: www.halsburyslawexchange.co.uk

Geraldine Morris looks at the changes ahead for family law & predicts some new developments – New Law Journal

Posted January 23rd, 2014 in adoption, child support, children, cohabitation, family courts, fees, financial provision, marriage, news, residence orders by sally

‘Lawyers may not always think of themselves as business people; family lawyers in particular are often very client focused, looking to achieve the best outcome for parties who are going through what will often be one of the worst periods of their lives. It can be hard, when weighed down with a busy caseload, to peak above the parapet and take time to reflect on how family law is changing. All businesses change over time, some faster than others. Change within the family law justice system has accelerated at an incredible pace in the last few years and 2014 will be no exception.’

Full story

New Law Journal, 22nd January 2014

Source: www.newlawjournal.co.uk

Senior judge orders greater transparency in family court judgments – The Guardian

Posted January 17th, 2014 in Court of Protection, family courts, judgments, news, reporting restrictions by sally

‘Many more judgments from some of the UK’s most secret hearings will be published in future, the judge in charge of the family court and the court of protection has ordered.’

Full story

The Guardian, 16th January 2014

Source: www.guardian.co.uk

Family judge ‘cannot control foreign media’ – BBC News

Posted January 15th, 2014 in anonymity, children, disclosure, family courts, foreign jurisdictions, judges, media, news by tracey

‘A senior family judge says he cannot stop the foreign media from publishing the story of a Slovakian mother whose son has been placed into care.’

Full story

BBC News, 14th January 2014

Source: www.bbc.co.uk

Sir James Munby: Caesarean mother case shows need for “radical change” in family courts – Daily Telegraph

Posted December 18th, 2013 in adoption, birth, closed material, consent, Court of Protection, family courts, judges, local government, mental health, news by sally

‘The case of a mother whose baby was taken away following an enforced caesarean is an “irrefutable demonstration of the pressing need for radical change” in the family courts, senior judge says.’

Full story

Daily Telegraph, 17th December 2013

Source: www.telegraph.co.uk

Secret courts: couple tell of their struggle to adopt granddaughter – Daily Telegraph

Posted December 11th, 2013 in adoption, closed material, Court of Protection, family courts, grandparents, local government, mental health, news, social services by sally

‘Grandparents of child taken into care by Essex County Council tell of their anguish at not having legal rights to be her guardian.’

Full story

Daily Telegraph, 11th December 2013

Source: www.telegraph.co.uk

In re C (A Child) – WLR Daily

Posted November 25th, 2013 in case management, children, contact orders, family courts, law reports, service by tracey

In re C (A Child): [2013] EWCA Civ 1412; [2013] WLR (D) 449

‘The Court of Appeal gave guidance as to the proper approach to be adopted in family proceedings when considering a without notice application for a prohibited steps order and the making of a contact order.’

WLR Daily, 21st November 2013

Source: www.iclr.co.uk

Opening up the Family courts: Transparency in the Family court and the Court of Protection – Speech by the President of the Family Division and President of the Court of Protection

Posted November 12th, 2013 in Court of Protection, family courts, judges, media, reporting restrictions, speeches by tracey

“Opening up the Family courts: Transparency in the Family court and the Court of Protection – speech by the President of the Family Division and President of the Court of Protection on 11/11/2013.”

Full speech

Judiciary of England and Wales, 11th November 2013

Source: www.judiciary.gov.uk

Limiting the scope of injunctions in family cases – UK Human Rights Blog

Posted November 5th, 2013 in care orders, children, family courts, injunctions, local government, media, news, social services by sally

“In this case the President of the Family Division, Sir James Munby, considered an application for a contra mundum injunction by Staffordshire County Council. He emphasised that the only proper purpose of such an injunction was to protect the child and refused to make an order in the wide terms sought by the Council. As a result, he allowed the publication of video footage and photographs of a baby being removed from its parents.”

Full story

UK Human Rights Blog, 5th November 2013

Source: www.ukhumanrightsblog.com

Law, morality and religion in the family courts – Keynote address given by Sir James Munby

Posted November 1st, 2013 in family courts, judges, legal history, news, speeches by sally

Law, morality and religion in the family courts (PDF)

Keynote address given by Sir James Munby

The Law Society’s Family Law Annual Conference, 29th October 2013

Source: www.judiciary.gov.uk

The courts are secular, says top family judge – Law Society’s Gazette

Posted October 30th, 2013 in children, courts, diversity, equality, family courts, judiciary, marriage, medical treatment, news, rule of law by sally

“The law has a neutral view of religious belief, the president of the Family Division said today, stressing the secular nature of the judges’ job.”

Full story

Law Society’s Gazette, 29th October 2013

Source: www.lawgazette.co.uk

‘Family Law Reform: Some Missing Views’ by Rebekah Wilson – Garden Court Family Law Blog

Posted October 28th, 2013 in adoption, barristers, budgets, care orders, children, families, family courts, fees, legal aid, legal representation, news, solicitors by sally

“It is with interest, as a barrister committed to representation of parties in care proceedings that I read the monthly, View from the President’s Chambers (available online). And more recently an interview with the President himself in Counsel Magazine (Justic Delayed is Justice Denied, Chris McWatters talks to Sir James Munby, Counsel October 2013).”

Full story

Garden Court Family Law Blog, 25th October 2013

Source: www.gcfamily.wordpress.com

Mittal v. Mittal: English Family Courts Still Open for Business in the Wider World – Family Law Week

Posted October 21st, 2013 in appeals, choice of forum, divorce, EC law, family courts, jurisdiction, news, stay of proceedings, Supreme Court by sally

“Tim Amos QC and Duncan Brooks of Queen Elizabeth Building, counsel for the respondent, consider the issues and implications of the Court of Appeal’s important judgment in Mittal v Mittal.”

Full story

Family Law Week, 20th October 2013

Source: www.familylawweek.co.uk