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Showing posts from October, 2018

News Essentials: 29th October 2018

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A brief summary of the essential family law news and cases from the last week:

NEWS
Civil Partnerships Bill reaches report stage
New clause requires government to bring equality between same-sex and other couples. Full story: Family Law Week.

New courts and tribunals media guidance released for staff
HM Courts & Tribunals Service has released guidance for its staff to help encourage and facilitate media access to the UK’s family and other courts and tribunals. Full story: Family Law.

Home Affairs Committee urges Government to widen forthcoming Domestic Abuse Bill
Report recommends end to single Universal Credit payments. Full story: Family Law Week.

CASES
D, (A Child), Re [2018] EWHC 2828 (Fam) (05 October 2018)
Judgment concerning accommodation of child exhibiting extreme behaviour, possibly as a consequence of what she witnessed whilst living in Iraq. Full report: Bailii.

Lomax & Ors v Greenslade [2018] EWHC 2623 (Ch) (23 July 2018)
Appeal against award in Inheritance Act proceedin…

My posts this week on the Stowe Family Law Blog

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My posts this week on the Stowe Family Law Blog included:

Research project to look at quality of online advice for children cases - A much-needed research project.

Are husbands ashamed to make financial claims on divorce? - I suspect they may be.

Court sanctions withdrawal of medical treatment for two month old child with brain abnormality - The very sad and difficult case Re C.

Should we have a domestic violence perpetrators register? - As suggested by the House of Commons Home Affairs Committee.

Have a good weekend.

News Essentials: 22nd October 2018

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A brief summary of the essential family law news and cases from the last week:

NEWS
Woman with learning difficulties not told she had contraceptive device covertly fitted
A young woman with learning difficulties should not be told she was covertly fitted with a contraceptive device as it would ruin her trust in her carers, a court has ruled. Full story: The Telegraph. See report, below.

Research launched to assess whether biased advice is distorting access to justice
A new research project will examine whether vulnerable people representing themselves in child court cases find themselves and their children put at risk by misinformed or biased online legal advice. Full story: Family Law.

“Vulnerable children will be victims” of Government’s failure to provide clarity - Lords warn Government over family justice system after Brexit
A “worrying level of complacency”, lack of clarity, and inadequate advice will have a devastating knock-on effect on the UK family law courts, and ultimately chil…

New by me this week on the Stowe Family Law Blog

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Research project to assess if biased online legal advice is distorting access to justice in family cases

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A new research project will examine whether vulnerable people representing themselves in child court cases find themselves and their children put at risk by misinformed or biased online legal advice.

Academics at Birmingham City University and the University of Leeds have launched the new project which will explore the quality, and types of advice handed out through legal advisors, online help forums or social media boards.

Cuts to legal aid have seen a major rise in the number of those acting as their own representatives in court, with over 80 per cent of family court cases seeing a least one party representing themselves – a practice known as Litigants in Person (LIPs).

Without affordable face-to-face legal advice, many LIPs turn to online sources or McKenzie Friends – litigation friends who help LIPs represent themselves on a voluntary basis or for a fee.

The legal community has raised serious concerns about the quality of information and advice provided online by McKenzie Friends…

News Essentials: 15th October 2018

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A brief summary of the essential family law news and cases from the last week:

NEWS
Cafcass publishes new assessment framework for private law cases
We have developed a new assessment framework to support our practitioners in assessing the harmful impact of a range of complex case factors on the children we work with in private law cases. Full story: Cafcass.

Judge condemns 'unacceptable' lack of secure accommodation for children
Judge Mary Lazarus had nowhere to send convicted 16-year-old involved in ‘county lines’ drug dealing. Full story: The Guardian. See O (A child : No Available Secure Accommodation), below.

Almost 17,000 newborn babies taken into care in England in past nine years
Many infants taken from their mothers in hospital within hours or days of delivery. Full story: The Guardian.

Family chief tells lawyers: 'The justice system won't collapse - you will'
The justice system may be 'under stress' but it will grind on - it is the people propping it u…

My posts this week on the Stowe Family Law Blog

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News Essentials: 8th October 2018

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A brief summary of the essential family law news and cases from the last week:

NEWS
New measures announced to combat forced marriage
Consultation will consider a duty on professionals to report forced marriage cases. Full story: Family Law Week.

Irish court sanctions return of child taken from council care
The High Court of Ireland has given Lincolnshire County Council an order for the return of a child taken out of the UK by its parents while in the council’s care. Full story: Local Government Lawyer.

Civil partnerships: Law to be changed for mixed-gender couples
Heterosexual couples in England and Wales will be able to choose to have a civil partnership rather than get married, Theresa May has announced. Full story: BBC News.

Judge to decide whether baby can be first in UK history to be born without a mother in landmark trans rights case
Transgender parent says being forced to register as the child’s 'mother' breaches his human right to respect for privacy and family life. Full s…

New by me this week on the Stowe Family Law Blog

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My posts this week on the Stowe Family Law Blog included:

Husband prevented from pursuing appeal until he complies with costs order - The Hadkinson case De Gafforj.

Is it time to put an end to the MIAMs farce? - The latest figures, showing that they are now at just a third of pre-LASPO levels, suggest it may be.

Justice exists only for the wealthy - The impact of legal aid cuts.

Pay the maintenance… or go to jail? - Looking at the judgment summons case Rogan v Rogan.

Have a good weekend.

News Essentials: 1st October 2018

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A brief summary of the essential family law news and cases from the last week:

NEWS
MIAMs in last quarter down a further seven per cent on a year ago
Mediation starts remain stable. Full story: Family Law Week.

Family Court Statistics Quarterly: April to June 2018
Volume of cases dealt with by family courts over time, with statistics also broken down for the main types of case involved. Full story: Ministry of Justice.

Divorce rate for heterosexual couples hits 45-year low, figures show
Opposite-gender couples divorcing at lowest rate since 1973 after figure drops by 6 per cent in a year. Full story: The Independent.

New figures show welcome rise in men reporting domestic abuse to the police: ManKind Initiative
Reporting of incidents has doubled in five years. Full story: Family Law Week.

CASES
De Gafforj (Appeal: Hadkinson Order) [2018] EWCA Civ 2070 (20 September 2018)
Application by W for order preventing H from pursuing an appeal, on the basis that he is in contempt of court by having fa…