The Biggest Little Blog Posts in the World

Well, maybe not, but I certainly got a large amount of enjoyment writing my posts for Marilyn Stowe’s Family Law & Divorce Blog this week, which included:

Going to Reno - Once the Divorce Capital of the World.

Mother ordered to return children to US after blatant abduction - The case H v K (Return Order).

Is it the duty of the family courts to support families? - As suggested by the Tory manifesto.

The broken record of commenting - An (almost certainly futile) attempt to raise the standard of commenting, aimed at those who abuse the privilege.

Have a good weekend, and Spring bank holiday.

This week's efforts...

My efforts this week on Marilyn Stowe’s Family Law & Divorce Blog included:

The need for accuracy - As demonstrated in the case Re A (A Child) (Error of Fact in Judgment).

Is the government’s child support policy just a con? - Is it really better, or does it just make the government look better?

How secure will the online court be? - Are my worries misplaced?

Court orders change of residence in parental alienation case - The case being Re B (change of residence; parental alienation).

Have a good weekend.

Plenty to say...

Another short week, but no shortage of things to say on Marilyn Stowe’s Family Law & Divorce Blog, where my posts included the following:

A timely reminder: don’t open your spouse’s mail! - It just ain't worth it...

The family courts: looking after the best interests of the young and old - Examples of this from a couple of recent cases.

Extended duration children orders - When should orders be made to last beyond the child's 16th birthday? The Northern Ireland case Fergus v Marcail sheds some light on the question.

Have a good weekend.

Inside and outside the system

My posts this week on Marilyn Stowe’s Family Law & Divorce Blog covered a spectrum from the depths of the system, through to those who think it best to be outside of it. There was also a bleak look into the future. The posts included:

Encouraging parties not to engage with the court is irresponsible - Sadly, there are many who think this is a good idea.

Wife not liable for husband’s loan - The case  Armstrong v Onyearu & Anor and (shudder) the equity of exoneration.

Court system faces bleak outlook - As outlined by a well-respected former District Judge.

The narrative of victimhood - ... and those who seek to use it to attract business.

Have a good weekend and Early May bank holiday.

A short but enjoyable week

I have thoroughly enjoyed writing my posts this week on Marilyn Stowe’s Family Law & Divorce Blog. I hope that those who read the posts also enjoy the experience. The posts included:

The great pro bono debate: is it a good or a bad thing? - Should lawyers stop doing pro bono work, to allow the system to descend into chaos, thereby forcing the Government to reinstate legal aid?

You can’t circumvent the system - Just because you are aggrieved by a decision of the family justice system does not entitle you to circumvent it.

Family law can be better - The Sensible Party's manifesto for Election 2017.

Have a good weekend.

History, behaviour, a translation and temporary removal

My posts this week on Marilyn Stowe’s Family Law & Divorce Blog were on an assortment of topics, drawn from the mixed bag that is family law. They included:

If you’re going to complain about the family justice system, get your facts right - A short history lesson, on the subject of the 'natural guardian' of a child.

Is the act of refusing a divorce itself unreasonable behaviour? - A thought on the Owens case.

Father denied contact claims violation of his right to respect for family life - The ECHR case Endrizzi v Italy, as translated by Google.

Father allowed to take son to non-Convention country - Mr Justice Peter Jackson’s judgment in W (A Child: Temporary Removal From the Jurisdiction).

Have a good weekend.

Resolution welcomes Justice Select Committee report on the implications of Brexit for the justice system

Daniel Eames, Chair of Resolution’s International Committee, gave oral evidence to the Justice Select Committee and welcomed the recommendations made in the report. He said:

“Resolution is pleased to see the Justice Select Committee have taken on board many of the points we made during their inquiry. MPs have listened to the legal profession and recognised that the vision put forward in the Government’s white paper won’t work for British families.

“Incorporating EU law into domestic legislation on its own won’t work as we need to have reciprocity and cross border recognition. Without reciprocal rules, there can be no legal certainty in outcomes with all the ensuing complications, delays and potential costs for families and children. There must also be suitable transitional provisions in case not all negotiations are concluded before the UK has formally left the EU.

“We accept that family law will not be the highest priority for this Government during the Brexit negotiations. However, for the thousands of UK citizens that are married and living overseas, and EU citizens that are married and living in the UK, issues concerning cross-border family law will be of critical importance should their relationship come to an end.

“We therefore urge the Government to take the Justice Select Committee recommendations on board and provide much needed confidence and certainty for families and children as Britain leaves the European Union”.

BREXIT UNCERTAINTY: FAMILIES AND BUSINESSES COULD LOSE ACCESS TO JUSTICE ACROSS THE EU, LORDS REPORT SAYS

The House of Lords EU Justice Sub-Committee today publishes its report Brexit: justice for families, individuals and businesses?

This House of Lords report finds that:

• The current system for civil justice cooperation across the EU member states - in the development of which UK expertise has been prominent - works well.
   
• Disputes that cross borders, whether family or commercial, are currently settled by judgments that are enforceable across the EU. 
   
• This gives families, businesses (particularly SMEs) and individuals the legal consistency and predictability on which they depend.

However the Committee found that as Brexit takes effect:

• Unless the current system of ‘mutual recognition’ of judgments across the EU is duplicated, not only will the advantages be lost, but there will be real hardship for families and businesses, who could be left subject to national rules across 27 other member states.
   
• The Government has emphasised the importance of separating the UK from the jurisdiction of the Court of Justice of the EU. But the key finding of this report is that alternatives to the existing framework of civil justice cooperation must be in place before the UK’s withdrawal is completed.
   
• The Committee concluded that falling back on common law and earlier international agreements that are less clear, simple or effective, would leave UK citizens with uncertainty and diminished access to justice.

Chairman of the Committee, Baroness Kennedy of The Shaws said:

"Unless the Government can agree a replacement of the existing rules on mutual recognition of judgments, there will be great uncertainty over access to justice for families, businesses and individuals.

“The Committee heard clear and conclusive evidence that there is no means by which the reciprocal rules currently in place can be replicated in the Great Repeal Bill. Domestic legislation can’t bind the other 27 member states.

“We therefore call on the Government to secure adequate alternative arrangements, whether as part of a withdrawal agreement or a transitional deal."

Model posting...

OK, my posts this week on Marilyn Stowe’s Family Law & Divorce Blog may not have reached the heights of a Cobb J judgment, but hopefully you will find them reasonably clear. They included:

How realistic is some of the proposed guidance on domestic abuse and children matters? - Looking at the proposed changes to Practice Direction 12J.

In praise of mediation - In this, Family Mediation Week.

Anorexia case demonstrates again that family judges and lawyers do care- The Court of Protection case Cheshire & Wirral Partnership NHS Foundation Trust v Z.

Mr Justice Cobb refuses return of child to Canada, in model judgment - The case Re N (Hague Convention: Habitual Residence).

Have a good weekend.

Wise words...

Well, on this day when we welcome a new leader of the free world, we could surely use a few. Hopefully, my posts this week on Marilyn Stowe’s Family Law & Divorce Blog include some:

Breaking out of the bubble - President Obama was right about so many things. His last speech included a lesson relevant to the family law debate.

ECHR case demonstrates why it is pointless having a law that prevents anyone from getting divorced - The ECHR case being Babiarz v. Poland.

Towards a virtual divorce system at last? - Could online divorce finally be coming? (And how it might be improved.)

Orders made in his absence breach father’s right to a fair hearing - Another ECHR case, Gakharia v Georgia.

Have a good weekend.

Old and...

My posts this week on Marilyn Stowe’s Family Law & Divorce Blog were mainly about the past and the future. They included:

Response and responsibility - Newly qualified lawyers must be nurtured.

Dowry: the problem that won’t go away - The subject of an old House of Lords judgment is not as archaic as some might think.

A lot of progress, and none - Looking at some more old House of Lords judgments.

A system that does not unnecessarily pry into private lives - A plea to modernise our family justice system.

Have a good weekend.

The good and the bad...

There were some good bits and some bad bits in my posts this week on Marilyn Stowe’s Family Law & Divorce Blog, which included:

The reality of the effect of child maintenance charging - Looking at the latest research documents from the DWP.

English courts can rule on child who will live in Greece - The case L (A Child).

Family law in 2016: The bad bits - Part one of my review of the year.

Family law in 2016: The good bits - You guessed it, part two of my review of the year.

And with that I conclude my Stowe posts for another year. Have an excellent Xmas and New Year break.

Don't Believe A Word

OK, I've just broken my rule not to headline a blog post with a song title. Still, there weren't any clichés in my posts this week on the Marilyn Stowe’s Family Law & Divorce Blog, which included:

What is a specific issue order, and what is it for? - Two questions I attempt to answer.

Not just another failed contact application - The case Re K.

I may be wonderful*, but the system certainly isn’t - Or, don't believe everything you read in comments.

The phenomenon of the obsessive litigant - As in the case Akester v Fitzgerald.

Have a good weekend.

A worrying week

This song seems relevant this worrying week, and not just because of the title.

Albeit on a lower level, there were also some things to worry about referred to in my posts this week on Marilyn Stowe’s Family Law & Divorce Blog, which included:

An advert for no-fault divorce - A recently published judgment is a clear reminder of just why we must consign the idea of fault to history.

Encouraging the judicial bias culture - As in the media reaction to the Article 50 judgment.

The end of marriage? - The implications of the statistics showing that cohabiting couple families remain the fastest growing family type in the UK.

The sad case of the parents who totally failed their child - Re G (A Child) (Fact Finding).

Have a good weekend.

Nothing but the truth...

Well, what else would you expect from my posts this week on Marilyn Stowe’s Family Law & Divorce Blog, which included:

Family law in a post-truth world - Despite what some will say, the truth does matter.

Sun loungers and seisin: serving divorce petitions - Mr Justice Mostyn's judgment in Thum v Thum.

No summary return principle in internal child ‘abduction’ - Looking at the Court of Appeal decision Re R (Child).

Parents in child support dispute over two nights shared care a year - JH v Secretary of State for Work and Pensions and LH (CSM) (Child support : other).

Have a good weekend.

New by me on the Marilyn Stowe Blog

My posts this week on Marilyn Stowe’s Family Law & Divorce Blog were largely about heroes and villains. Specifically, the heroes are those unsung people who work day, and sometimes night, to keep our family justice system going. The villains, on the other hand, are those who deny justice to millions by taking away legal aid, and those who seek to take advantage of the misery that that has caused.

Suspending a Hague Convention return order - The case BK v NK (Suspension of Return Order).

An example of the problems caused by lack of legal aid - The case Roocroft v Ball.

The minefield of unregulated legal assistance - As demonstrated by the recent case in which a paid McKenzie friend was jailed for perverting the course of justice in a family court.

To the unsung heroes and heroines of the family justice system - Praise where praise is due.

Have a good weekend.

Faultless...

...well, perhaps my posts this week on Marilyn Stowe’s Family Law & Divorce Blog weren't exactly that, but certainly divorce should be:

The arguments against no-fault divorce simply don’t add up - Looking at the arguments against no-fault divorce, as set out in the House of Commons Library's briefing paper.

The chicken that is the government’s family justice policy is coming home to roost - As demonstrated by the latest statistics.

Katy Ashworth case demonstrates the conundrum of transparency in child cases - The publicity judgment in Re Alcott.

Daughter fails in claim against her father’s estate - The Inheritance Act case Ames v Jones & Ors.

Have a good weekend.

Serious stuff...

In my posts this week on Marilyn Stowe’s Family Law & Divorce Blog I tried to address some pretty serious issues, including the following:

A conflict of interest and the effect on professionals of dealing with child abuse - Points arising from the case Kent County Council v S & M.

So, what exactly is “access to justice”? - The answer, it seems, is not obvious to all.

Separated Families Programme is helpful, but no replacement for legal aid - Looking at the DWP's report evaluating seventeen projects funded under the programme.

Should there be a limitation period for financial claims following divorce? - Some thoughts, triggered by the case Waudby v Aldhouse.

Have a good weekend.

Fraudulent, banal, dismal...

Well, I hope my posts this week on Marilyn Stowe’s Family Law & Divorce Blog are none of those things:

Lord McNally does have a point, but only up to a point - Are lawyers being “quite fraudulent” when stating that the legal aid cuts implemented by LASPO are denying people access to justice?

Transforming our justice system: the obvious, the banal and the old - A look at the MoJ's consultation on the reform of the justice system.

A dismal view of a care system in crisis - Looking at the latest View from the President's chambers.

Failure to enforce custody and access orders does not breach mother’s human rights - The ECHR case Zdravković v. Serbia.

Have a good weekend.

Conspiracy theories, civil partnerships and more...

There was a real variety of topics in my posts this week on Marilyn Stowe’s Family Law & Divorce Blog, which included:

Conspiracy theorists are skewing the debate - Conspiracy theories can most certainly be harmful.

Should we keep civil partnerships, or allow them to die? - In the light of the latest statistics in civil partnerships from the ONS.

Is the new child maintenance system putting domestic violence survivors at risk? - As suggested by the charities Gingerbread and Women's aid.

The use and abuse of ex parte injunctions - Mostyn J's judgment in Re W (Minors).

Have a good weekend.