RPI to CPI – how changing one word has a big impact

The Government’s June emergency budget has resulted in some turmoil for those dealing with pensions in divorce and dissolution. In this article we look at what has happened, and why.

Full post: The Ancillary Actuary

Panorama

On Monday Panorama showed a report on the journey through the family courts of a family accused of causing serious non-accidental injuries to their baby son: ‘Parents’ Child Abuse Nightmare’.

Full post: Pink Tape

PENSION relief brief

I have just received issue 8 of their PENSION relief brief from Bradshaw Dixon Moore. Covering the turmoil caused by the recent change in the measure of inflation used by State and statutory pensions from RPI to CPI, the brief makes important reading for all dealing with pensions and divorce. You can subscribe to PENSION relief brief here.

Full post: Family Lore

Legal aid contracts: LSC shift the goalposts - possible basis for challenge?

Nearly Legal has pointed out what he calls 'a major shift in position' by the LSC regarding the tender for civil contracts.

Full post: Family Lore

Contraception, capacity and coercion: when does a woman lack capacity to decide whether to use contraceptive treatment?

A Local Authority v Mrs A, by her Litigation Friend, the Official Solicitor, and Mr A [2010] EWHC 1549 (Fam) – In the first case of its kind, the court was asked to consider whether a young married woman lacks capacity to decide whether to use contraception, and whether it would be in her interests to be required to receive it.

Full post: UK Human Rights Blog

The Mills Grind Slower and Slower

Brick examines the reasons why care cases take 45 weeks or more to reach a conclusion.

Full post: WALL

Cuts to family law legal aid: an update

Further to my recent posts about savage cuts to family law legal aid in England and Wales, I would like to thank those who have contacted me or left comments, on this blog and on Solicitors Journal, with their thoughts.

Full post: Marilyn Stowe Blog

Law Society takes action on Family Contract

The Law Society has today (20th August) announced that it has commenced judicial review proceedings against the Legal Services Commission (LSC) over its handling of the tender process for the family law contracts.

Full post: LAG News Blog

Hildebrand Documents and Disclosure in Ancillary Relief

A high value ancillary relief case, FZ v SZ, provides further clarification on Hildebrand documents.

Full post: Family Law at Lawson West LLP

Cafcass Woes

There has been a call to “Scrap Cafcass” from Andrew Povey, leader of Surrey Council. Not a bad idea in itself but he goes on to recommend that Cafcass’s responsibilities be transferred to local authorities.

Full post: WALL

LSC contracts.

Good post on Nearly Legal about the LSC contract debacle.

Full post: Family Law Week blog

Cafcass: Why? The value of Children's Guardians

The leader of Surrey Council recommends scrapping Cafcass according to this article in Community Care -he suggests the responsibilities are transferred to the local authorities.

Full post: Family Law Week blog

“Law will tear us apart”

Regular readers will have noted that I hold some strong views about the latest family law developments and their implications for divorcing couples up and down the country. So when Solicitors Journal invited me to contribute an editorial about the “key issues facing family lawyers right now”, the biggest challenge was to fit everything within my allocated column inches!

Full post: Marilyn Stowe Blog

Warwickshire County Council v TE & Ors: Another father abandons his battle

Adopting the 'poignant descriptive words' of Munby J (as he then was) in Re D (Intractable Contact Dispute: Publicity) [2004] 1 FLR 1226, His Honour Judge Clifford Bellamy began his judgment in Warwickshire County Council v TE & Ors [2010] EWHC B19 yesterday as follows:

Full post: Family Lore

Why civil partnerships for heterosexual couples could be a good idea

The Gazette reported last week that there has been a surge in cohabitation cases as a result of the recession.

Full post: Law Society Gazette News blog

Smorgasbord

"... whilst there is no time to hone the following into some compelling piece of art or pop-journalism, here are some interesting bits and bobs I’ve collected this week..."

Full post: Pink Tape

Trouble in the Courts

There is trouble in the family justice system in England and Wales. It is struggling and in danger of collapsing (or imploding – Mr Justice Wall) in the face of a sustained increase in the numbers of child protection cases.

Full post: WALL

Legal aid solicitors and Grahame Stowe Bateson: what will the Legal Services Commission do next?

Readers may have learned from the media about the scandal surrounding the savage cuts to legal aid in family law cases.

Full post: Marilyn Stowe Blog

Monro Review – Second Act

I’m amazed it took so long before the second of the Monro “reference group”, Martin Narey took the stage to treat us to his extraordinary expertise and experience about almost everything.

Full post: WALL

Vulnerable children trapped in court limbo, says charity

A leading children’s charity has said that vulnerable children are trapped in an unnecessary limbo of court delays, with courts taking up to 65 weeks to decide whether it is safe for a child to remain with its parents.

Full post: UK Human Rights Blog

WHY CARE?

Firstly, let me explode the myth that the outcome of care applications is inevitable and that therefore care proceedings are purposeless.

Full post: Pink Tape

The Imerman judgement: does this picture ring true?

When I read the Imerman judgement, there is one passage that jumps off the page and startles me.

Full post: Marilyn Stowe Blog

ContactPoint switched off but child welfare concerns remain

A database which was to hold the details of every child in England will be switched off at noon today, but the uneasy relationship between social services, the government and the courts in child protection matters still remains.

Full post: UK Human Rights Blog

Cafcass: Why? The value of Children's Guardians

I have posted a lot recently on Cafcass and the failure to deliver the service we had got used to.

Full post: Family Law Week blog

Judge Dread – The Future

The Family Justice Review is calling for written evidence by the end of September.

Full post: Pink Tape

It’s Carnage Out There In The Desert

LAG reports on the slashing of the numbers of legal aid solicitors up and down the country as a result of the tendering process – from 2400 to 1300 in one fell swoop.

Full post: Pink Tape

Family Justice System faces "complete meltdown"

My thanks to John Hirst of Jailhouselawyer's Blog for drawing my attention to a letter that appeared in The Times today from Piers Pressdee, QC and Alan Bean, Co-Chairs of the Association of Lawyers for Children.

Full post: Family Lore

Little chance of US-style gay marriage ruling here

A Federal court in California has struck down a ban on gay marriage in the state, marking the first step on a path to a United States Supreme Court decision on the issue.

Full post: UK Human Rights Blog

Split hearings: what will happen now?

A split hearing can be summarised as a hearing divided into two parts. During the first part the court makes findings of fact on issues identified by the parties or the court. During the second part the court, drawing upon the findings it has made, decides the case.

Full post: Marilyn Stowe Blog

Stolen documents divorce ruling a blow to human rights of poorer partners?

The Court of Appeal has ruled that secretly obtained documents can no longer copied and then used in divorce proceedings, overturning a rule dating back almost twenty years.

Full post: UK Human Rights Blog