Human Fertilisation and Embryology Act can be “read down” to accord with Convention family rights – UK Human Rights Blog

‘This poignant case tells a sad story, but an instructive one in terms of human rights and the ability of courts to interpret statutes in accordance with these rights under Section 3 of the Human Rights Act 1998.’

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UK Human Rights Blog, 19th July 2022

Source: ukhumanrightsblog.com

Financial Remedy Update, July 2022 – Family Law Week

Posted July 18th, 2022 in divorce, families, family courts, financial provision, news by tracey

‘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 June 2022.’

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Family Law Week, 14th July 2022

Source: www.familylawweek.co.uk

Domestic abuse & the family courts – New Law Journal

Posted July 13th, 2022 in children, domestic violence, families, family courts, news by tracey

‘In the first of a two-part series, Cris McCurley examines key changes to the treatment of domestic abuse victims & their children within the family justice system.’

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New Law Journal, 8th July 2022

Source: www.newlawjournal.co.uk

Government launches new mediation scheme to help thousands more families avoid costly legal battles – Family Law

‘An extra £5.4 million in funding will help even more families to resolve disputes away from court, such as contact arrangements for children.’

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Family Law, 7th July 2022

Source: www.familylaw.co.uk

Parents of brain-damaged 12-year-old boy set for latest stage of legal battle – The Independent

Posted July 11th, 2022 in appeals, children, doctors, families, family courts, medical treatment, news by tracey

‘The parents of a 12-year-old boy who suffered brain damage three months ago are preparing for the latest stage of a life-support treatment battle. Hollie Dance and Paul Battersbee are hoping a High Court judge will rule that doctors should keep providing treatment to their son Archie Battersbee, after reviewing evidence.’

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The Independent, 11th July 2022

Source: www.independent.co.uk

Local authority wins appeal over costs order made in private family law proceedings – Local Government Lawyer

Posted July 8th, 2022 in appeals, costs, families, family courts, local government, news, third parties by sally

‘A judge allowed an “impermissible device” designed to provide a public source of funding for the parties’ legal costs in private family law proceedings, the Family Court has ruled.’

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Local Government Lawyer, 7th July 2022

Source: www.localgovernmentlawyer.co.uk

National Deprivation of Liberty Court handling applications covering children to be launched next month – Local Government Lawyer

Posted June 27th, 2022 in children, deprivation of liberty safeguards, families, family courts, news by tracey

‘The President of the Family Division has confirmed the launch of a National DoLs (Deprivation of Liberty) court on 4 July 2022 that will deal with applications seeking authorisation to deprive children of their liberty.’

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Local Government Lawyer, 22nd June 2022

Source: www.localgovernmentlawyer.co.uk

Family Justice Council makes recommendations on avoiding conflicts of interest using psychologist expert witnesses in cases of alleged alienation – Local Government Lawyer

‘Interim guidance from the Family Justice Council (FJC), published last month, has highlighted how to avoid conflicts of interest when using psychologist expert witnesses in family court cases involving allegations of alienating behaviours.’

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Local Government Lawyer, 20th June 2022

Source: www.localgovernmentlawyer.co.uk

Financial Remedy Update, June 2022 – Family Law Week

Posted June 17th, 2022 in children, divorce, domestic violence, families, family courts, fees, news by tracey

‘Rose-Marie Drury, Principle Associate at Mills & Reeve LLP considers the most important news and case law relating to financial remedies and divorce during May 2022.’

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Family Law Week, 13th June 2022

Source: www.familylawweek.co.uk

Questions over use of ‘psychological experts’ in parental alienation cases – The Guardian

‘Mothers are having their children taken away by court-appointed “psychological experts” who are unregulated and do not have the necessary qualifications, the Association of Clinical Psychologists UK has warned.’

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The Guardian, 12th June 2022

Source: www.theguardian.com

Barring orders – strengthened guidance on section 91(14) to stop repeated applications – Transparency Project

‘Parents who live under the shadow of constant threats by ex-partners of being taken back to court, with repeated applications about their children, will now get more protection from this happening.“Barring orders” is the name commonly given to orders the Family Court can make to stop future unnecessary applications being made, where it appears it’s likely a party is going to try to keep returning to court in a way that will harass and disturb the other party.’

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Transparency Project, 7th June 2022

Source: transparencyproject.org.uk

Randhawa v Randhawa: set aside of Decree Absolute on the finding of forged divorce document – Family Law

Posted June 6th, 2022 in brexit, divorce, documents, families, family courts, forgery, news, setting aside by tracey

‘The case of Randhawa v Randhawa (Divorce: Decree Absolute, Set Aside, Forgery) [2022] EWFC B7 which came before HHJ Moradifar is most definitely an interesting case, and whilst the facts of this case might not represent many family situations, with increasing numbers of international couples, the issue of whether a divorce is valid is far more common than many think.’

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Family Law, 27th May 2022

Source: www.familylaw.co.uk

Herefordshire Council social services separated twins despite expert warnings – BBC News

‘Twins were wrongly split up for adoption after social workers altered an expert report warning of the harm of separation.’

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BBC News, 16th May 2022

Source: www.bbc.co.uk

The Brief: Financial Remedy Update from 4PB – Family Law

Posted May 13th, 2022 in divorce, families, family courts, financial provision, news by tracey

‘Welcome to “The Brief” from 4PB. Each month, we will provide an update of case law, changes to legislation, and outline any new rules in relation to financial remedies procedure. In this first instalment, however, we will cover significant changes since the start of 2022 to ensure that the update is all encompassing and to set the stage for future monthly updates.’

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Family Law, 12th May 2022

Source: www.familylaw.co.uk

Off into the Somerset – Local Government Lawyer

‘The President of the Family Division has issued new guidance on remedying breaches of the Adoption Agency Regulations 2005. Jess Purchase sets out the key points.’

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Local Government Lawyer, 6th April 2022

Source: www.localgovernmentlawyer.co.uk

Capacity to litigate – Family Law

‘The Court of Appeal has considered the question of whether it is fair and appropriate for a Court of Protection Judge to visit the person who lacks mental capacity and about whom the Judge is being asked to make a best interest decision.’

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Family Law, 5th May 2022

Source: www.familylaw.co.uk

Children law cases and parents with learning disabilities – Local Government Lawyer

‘Eleanor Suthern reports on a recent Family Court ruling where a judge considered the international elements of the case and also gave guidance on proceedings involving a parent with a learning disability.’

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Local Government Lawyer, 29th April 2022

Source: www.localgovernmentlawyer.co.uk

Randhawa v Randhawa: set aside of Decree Absolute on the finding of forged divorce document – Family Law

Posted April 29th, 2022 in divorce, families, family courts, forgery, married persons, news, service, setting aside by tracey

‘The case of Randhawa v Randhawa (Divorce: Decree Absolute, Set Aside, Forgery) [2022] EWFC B7 which came before HHJ Moradifar is most definitely an interesting case, and whilst the facts of this case might not represent many family situations, with increasing numbers of international couples, the issue of whether a divorce is valid is far more common than many think.’

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Family Law, 28th April 2022

Source: www.familylaw.co.uk

Some practical pitfalls with England’s new divorce law – Family Law

Posted April 29th, 2022 in divorce, families, family courts, marriage, married persons, news by tracey

‘From 6 April 2022 England and Wales has a new divorce law, so-called no-fault. It is the most significant divorce law change since 1969. It introduces an entirely new basis of obtaining a divorce and a new timetable. It will have different consequences for the applicant and the respondent. It allows joint petitions and joint applications for the final divorce. Service will be invariably by email as default service method. In any event, divorce itself is now an almost entirely online process. Nevertheless, however welcome this new law, there are significant flaws in its operation and application, particularly with the adverse impact on the respondent. This note looks at some of these pitfalls in practice.’

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Family Law, 28th April 2022

Source: www.familylaw.co.uk

Re H [2022]EWFC 10: Guidance in Learning Disability Cases – Transparency Project

‘The Good Practice Guidance for working with parents with a learning disability was first published in 2007 by the Department of Health / Department for Education and Skills. Fifteen years and two revisions later, awareness of it remains patchy. In Re H [2022] EWFC 10 (19 January 2022), where the mother’s learning disability was a central feature of the case, the children’s social worker admitted that she was unfamiliar with the Guidance.’

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Transparency Project, 26th April 2022

Source: transparencyproject.org.uk