Victim’s domestic abuse allegations against her ex ‘troublingly’ downplayed by family court judge – The Independent

Posted April 21st, 2022 in children, domestic violence, family courts, judges, news by sally

‘Domestic abuse allegations were “troublingly” downplayed by a judge in a case that exposes systemic issues with the family court, a leading barrister has warned.’

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The Independent, 20th April 2022

Source: www.independent.co.uk

Financial Remedy Update, April 2022 – Family Law Week

Posted April 14th, 2022 in children, divorce, families, family courts, financial provision, news by tracey

‘Stephanie Hawthorn, Abigail Pearse and Victoria Potts, associates, and Holly Morrison-Carter, trainee, at Mills & Reeve LLP consider the most important news and case law relating to financial remedies and divorce during March 2022.’

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Family Law Week, 13th April 2022

Source: www.familylawweek.co.uk

Treat family separations “as transactions, not litigation” – Legal Futures

Posted April 14th, 2022 in costs, dispute resolution, divorce, families, family courts, judges, news by tracey

‘Family separation cases should “operate in a transactional way, as with conveyancing, rather than under the banner of litigation”, the chair of the Family Solutions Group has argued.’

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Legal futures, 14th April 2022

Source: www.legalfutures.co.uk

Apocalypse now? Judge stunned at £8m divorce costs – Law Society’s Gazette

Posted April 13th, 2022 in costs, divorce, families, family courts, financial dispute resolution, judges, news by tracey

‘A High Court judge has called for a cap on costs in family cases after describing the “apocalyptic” state of expensive divorce proceedings.’

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Law Society's Gazette, 13th April 2022

Source: www.lawgazette.co.uk

Family Law Newsletter #57 – Spire Barristers

Posted April 8th, 2022 in chambers articles, families, family courts, news by sally

‘Issue #57 of Spire Barristers’ Family Law Newsletter: edited by Gemma Carr and Georgina Dalton; news and Case Reviews by Eleanor Suthern.’

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Spire Barristers, 31st March 2022

Source: spirebarristers.co.uk

Reproductive coercion and control in contact cases in the family courts – Law Pod UK

‘Clare Ciborowska and Richard Ager, both family law experts from the Brighton Annexe of 1 Crown Office Row, talk about the difficult subject of reproductive coercion where such allegations arise in child contact cases. Presented by Rosalind English.’

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Law Pod UK, 7th April 2022

Source: audioboom.com

Judge gives guidance on care cases where parent has learning disability – Local Government Lawyer

‘A Family Court judge has given guidance on care cases where a parent has a learning disability, after deciding that a 17-month-old boy known as Child H should be the subject of a care order pending adoption because of his parents’ inability to care for him.’

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Local Government Lawyer, 7th April 2022

Source: www.localgovernmentlawyer.co.uk

Profit making private providers of children’s care & breaches of Article 5 – Garden Court Chambers

‘For anyone concerned with the human rights of children AB (A Child: human rights) 2021 EWFC B100 is an essential read. The case concerned a 12-year-old boy, AB, who was placed under interim public law orders in foster care and then care homes run by Horizons Care Ltd. For several months, whilst awaiting a final hearing, AB had had his liberty restricted in a residential unit called Mill Cottage, in breach of his Article 5 rights.’

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Garden Court Chambers, 4th April 2022

Source: www.gardencourtchambers.co.uk

Separated Parents: Sharing Parental Responsibility – Becket Chambers

‘Thankfully, most parents who go through the challenges of separation do manage to co-parent and make joint decisions regarding the upbringing of their child or children. Sadly, this is not always the case. The family courts see a large number of cases where in the context of custody or contact disputes, the right to make decisions can become part of the battle ground. The disputes can range from the significant to the relatively trivial.’

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Becket Chambers, 1st April 2022

Source: becket-chambers.co.uk

Court of Appeal allows appeal over placement order after judicial analysis “fell significantly short” – Local Government Lawyer

‘The Court of Appeal has overturned a decision to make a placement order for an 18-month-old boy after finding that the judicial analysis “fell significantly short”.’

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Local Government Lawyer, 31st March 2022

Source: www.localgovernmentlawyer.co.uk

Overseas pensions and divorce – Family Law

‘Pensions can make up a significant proportion of family assets and should be fully taken into account when financial matters are dealt with during a divorce. Where a couple with UK pensions divorce in England, the court can make various orders to deal them. Most commonly, a pension sharing order is made hiving off a portion of one party’s pension and giving it to the other. However, where there are pension assets overseas or a divorce overseas and pension assets in the UK, the situation is more complex. There are two angles that need to be considered:
Can an overseas pension be shared in a divorce in England & Wales; and Can a UK pension be shared in an overseas divorce.’

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Family Law, 28th March 2022

Source: www.familylaw.co.uk

Dubai ruler to have no direct contact with two children after UK court battle – The Guardian

‘The ruler of Dubai will have no face-to-face contact with his two children from his marriage to Princess Haya nor any substantive say in their upbringing, after a long-running court battle between the former couple and a series of damning judgments about his “abusive behaviour”.’

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The Guardian, 24th March 2022

Source: www.theguardian.com

Must I share my future bonuses with my ex-spouse? – Family Law

Posted March 22nd, 2022 in divorce, family courts, financial provision, news, remuneration by tracey

‘With predictions that bonuses in the banking sector will be high this year; this article considers how bonus payments are dealt with upon divorce and for how long after separation they might be shared with a former spouse or civil partner.’

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Family Law, 18th March 2022

Source: www.familylaw.co.uk

Heavily pregnant woman can have C-section against her will, judge rules – BBC News

‘Doctors can perform a Caesarean section against the will of a diabetic woman in her late 20s, a judge has ruled.’

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BBC news, 10th March 2022

Source: www.bbc.co.uk

Financial Remedy Update, March 2022 – Family Law Week

Posted March 8th, 2022 in chambers articles, divorce, family courts, financial provision, news by tracey

‘Rose-Marie Drury and Sue Brookes, Principle Associates at Mills & Reeve LLP consider the most important news and case law relating to financial remedies and divorce during February 2022.’

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Family Law Week, 7th March 2022

Source: www.familylawweek.co.uk

A Brief Guide to the New No Fault Divorce Rules and Procedure – Family Law week

Posted March 7th, 2022 in costs, divorce, families, family courts, news by tracey

‘Teena Dhanota-Jones, Partner, Portner, sets out the procedure for divorce from 6 April 2022.’

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Family Law week, 4th March 2022

Source: www.familylawweek.co.uk

Financial Remedy Update, February 2022 – Family Law Week

Posted March 4th, 2022 in divorce, families, family courts, financial provision, news, pensions by tracey

‘Sue Brookes, Principle Associate and Nicola Rowlings, Professional Support Lawyer, at Mills & Reeve LLP consider the most important news and case law relating to financial remedies and divorce during January 2022.’

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Family Law Week, 3rd March 2022

Source: www.familylawweek.co.uk

‘No fault’ divorce is great, but it’s time to move the conversation on – Family Law

Posted March 4th, 2022 in dispute resolution, divorce, families, family courts, news by tracey

‘With the dawn of “no fault” divorce almost upon us there is a sense of post-election frivolity reverberating throughout the sector, with the Government proudly patting itself on the back for delivering on the most significant shake up of family law in almost five decades.

To a certain extent, one could argue rightly so.

Indeed, National Family Mediation was one of the many organisations campaigning for change to what is widely accepted to be a stale and outdated area of law, with already heartbroken families kickstarting divorce proceedings by blaming their former spouse for the irretrievable breakdown of the relationship.

And so let me start this article by stressing that I, and my mediation colleagues, are most certainly in favour of the reforms which will aid the ability to separate on a less acrimonious footing, regardless of who has done what and to whom.

However, as the April 6th deadline rapidly approaches it feels prudent to caution that this major legislative change is not, in isolation, the end to all of our problems.’

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Family Law, 3rd March 2022

Source: www.familylaw.co.uk

Call to understand impact of menopause on family clients and lawyers – Legal Futures

‘Family law specialists need a better understanding of the impact of the menopause on clients – and female lawyers too – according to the solicitor launching a project to highlight the issue.’

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Legal Futures, 28th February 2022

Source: www.legalfutures.co.uk

What is ‘gaslighting’ and what does it mean in family court cases? – Transparency Project

‘We have noticed assumptions that family courts are familiar with the terms “gaslighting” and “being gaslit”, but is the meaning widely known and understood? A straw poll suggests not. This post will look at the origins of the concept, and its occurrence in modern case law and policy.’

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Transparency Project, 11th February 2022

Source: www.transparencyproject.org.uk