‘Separating couples should “try almost anything” before turning to the courts, the president of the Family Division has said, arguing that there has “got to be a better way” to resolve child disputes in particular.’
Legal Futures, 2nd November 2022
Source: www.legalfutures.co.uk
‘Many private law practitioners feel frustration about the significant disparity in contact arrangements between children in private and public proceedings. Sadly, this has long been the case: I last wrote an article about this in 2019 (One act, 2 Regimes: why? Family Law Week 17th December 2019) and cannot say that matters have moved on or changed meaningfully. As I set out in that article, there is no justification legally for courts to apply Children Act considerations varyingly. The problem here lies not with the law but in the practice.’
Family Law Week, 21st October 2022
Source: www.familylawweek.co.uk
‘A Family Division judge has directed that a teenage girl at risk of suicide should be moved from hospital to a placement even though the latter is unregistered and the provider could be at risk of legal action by Ofsted.’
Local Government Lawyer, 21st October 2022
Source: www.localgovernmentlawyer.co.uk
‘A large majority of women (76%) who have experienced divorce or separation and the menopause believe family lawyers and judges should have training on the issue so they can “factor it into their cases”.’
Legal Futures, 21st October 2022
Source: www.legalfutures.co.uk
‘The cost-of-living crisis is increasingly being used as justification for domestic abuse while some victims are unable to afford to get to court to obtain protection, a charity has warned.’
The Independent, 24th October 2022
Source: www.independent.co.uk
‘Following the conclusion of Care proceedings and where a child has been placed for adoption, a parent may only oppose the making of an adoption order with leave of the court. A parent’s application seeking leave of the court will have two stages. Firstly, the court needs to be satisfied, on the facts, that there has been a change of circumstances within section 47(7) Adoption and Children Act 2002 (“the 2002 Act”). Secondly, if there has been such a change, the court will then need to consider the application of section 1 of the 2002 Act to the facts of the case with the paramount consideration of the court being the child’s welfare throughout their life.’
Becket Chambers, 19th October 2022
Source: becket-chambers.co.uk
‘A large majority of women (76%) who have experienced divorce or separation and the menopause believe family lawyers and judges should have training on the issue so they can “factor it into their cases”.’
Legal Futures, 21st October 2022
Source: www.legalfutures.co.uk
‘Stephanie Hawthorn and Abigail Pearse, associates, at Mills & Reeve LLP consider the most important news and case law relating to financial remedies and divorce during September 2022.’
Family Law Week, 17th October 2022
Source: www.familylawweek.co.uk
‘Early legal advice on child arrangements should be piloted as part of ambitious reforms that will help to resolve more disputes away from court, an influential thinktank has recommended.’
Law Society's Gazette, 13th October 2022
Source: www.lawgazette.co.uk
‘Jim Duffy speaks to Richard Ager and Clare Ciborowska, of 1 Crown Office Row in Brighton. They discuss how the family court deals with allegations of “alienating behaviour” by one parent against another and examines the part psychologists play in that process.’
Law Pod UK, 26th September 2022
Source: audioboom.com
‘In Secretary of State for the Home Department v HA (Iraq) [2022] UKSC 22, the Supreme Court has confirmed that the Court of Appeal was right to reject the idea that, when assessing whether it would be unduly harsh (and therefore disproportionate) for a person to be deported from the UK, the degree of harshness that would arise from this should be assessed by reference to a comparison with that which would ‘necessarily’ be involved for any child faced with the deportation of a parent. The Court also provided useful guidance concerning the application of the test for whether there are very compelling circumstances rendering deportation disproportionate in a given case.’
UK Human Rights Blog, 6th September 2022
Source: ukhumanrightsblog.com
‘Jaime Turner rounds up the most interesting and relevant public law cases.’
Local Government Lawyer, 26th August 2022
Source: www.localgovernmentlawyer.co.uk
‘Nicola Rowling, Professional Support Lawyer, Emily Elvin-Poole, Associate and Caitlin Levins, Trainee Solicitor at Mills & Reeve LLP consider the most important news and case law relating to financial remedies during July 2022.’
Family Law Week, 23rd August 2022
Source: www.familylawweek.co.uk
‘When it is decided that it is “necessary” – and that is the first question to be decided by the Court (Practice Direction 25 of the Family Procedure Rules 2010) – this should be as early as possible within the start of proceedings.’
Becket Chambers, 11th August 2022
Source: becket-chambers.co.uk
‘Many will recall the McCloud judgment, in which the Court of Appeal determined that the transitional provisions in the Government’s 2015 public sector pension schemes were age discriminatory. In response to the judgment, the Government agreed to unravel these changes. Last year, the Government announced its solution known as the McCloud Remedy. But what does this mean for pension trustees? Do these circumstances amount to grounds to set aside a financial remedy order?’
Family Law, 11th August 2022
Source: www.familylaw.co.uk
‘The Court of Appeal has ruled that foreign judicial findings or convictions that are relevant to a person’s suitability to care for children may be used as evidence in family proceedings.’
Local Government Lawyer, 8th August 2022
Source: www.localgovernmentlawyer.co.uk
‘A Family Court judge has dismissed a local authority’s application for un-admitted allegations to be tried, saying he could not see any upside in allowing that to happen.’
Local Government Lawyer, 1st August 2022
Source: www.localgovernmentlawyer.co.uk
‘The Court of Appeal has considered the extent to which judges are required to respond to requests for clarifications in judgments.’
Local Government Lawyer, 28th July 2022
Source: www.localgovernmentlawyer.co.uk
‘Victims of domestic abuse can be spared from being cross-examined by their alleged attackers in family and civil courts under measures coming into force today (21 July 2022).’
Ministry of Justice, 21st July 2022
Source: www.gov.uk
‘The President of the Family Division has very recently handed down his decision in this matter of Re: S (A Child) (Jurisdiction) [2022] EWHC 1720 (Fam), in which we acted for the successful applicant mother. Whilst the facts of the case are unique, the judgment serves as a helpful reminder of the jurisdictional framework of international children cases following our departure from the European Union.’
Family Law, 21st July 2022
Source: www.familylaw.co.uk
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