Family Lore Blogs: November 2010

European states will not be forced to allow gay marriage

The European Court of Human Rights has refused permission to appeal in a challenge to the ban on gay marriage in Austria. The effect of the decision is to make the court’s rejection of the same-sex couple’s claim final.

Full post: UK Human Rights Blog

CMEC v Beesley: CMEC not a creditor capable of being bound by IVA

Discussion of the case Child Maintenance and Enforcement Commission v Beesley & Anor [2010] EWCA Civ 1344.

Full post: Family Lore

Lykiardopulo v Lykiardopulo: when “different considerations” apply

Does it sometimes seem as if the very richest people think that wealth buys them immunity to say, do and act exactly as they please?

Full post: Marilyn Stowe Blog

All Rise

Mr Justice Coleridge made a speech this morning to the Association of Lawyers for Children. In it he expressed his concern that there is a creeping tendency towards disrespect for court orders in family proceedings especially in so far as they relate to contact with children.

Full post: Judith's Divorce Blog

Valour: the better part of Judicial Discretion

Mr Justice Coleridge has been ruffling feathers again. In a speech whose title sounds more like a popular soundtrack to an ’80s film than a serious polemic, Mr Justice Coleridge has made some radical proposals about the way forward for the family justice system.

Full post: Pink Tape

Shared Residence

I have recently read a really interesting article in the November issue of Family Law by Liz Trinder, entitled Shared Residence: A Review of Recent Research Evidence.

Full post: Pink Tape

The dismantling of the family justice system?

Hardly a day seems to pass without news of some change or proposed change either to, or affecting, family justice in this country.

Full post: Family Lore

Green Paper On Legal Aid Initial Observations #4: Private Law Children Cases

Lucy Reed continues her discussion of the government's proposals to reform legal aid.

Full post: Pink Tape

W (A Minor): Change of residence not due to mother's conduct

The case of W (A Minor) [2010] EWCA Civ 1280, reported today, graphically illustrates the problems faced by a court when dealing with difficult and uncooperative parties.

Full post: Family Lore

Green Paper on Legal Aid Initial Observations #3: What About Enforcement?

So I wonder what the position will be in respect of enforcement of orders made under the children act?

Full post: Pink Tape

Green Paper on Legal Aid Initial Observations #2: Family mediation in private law family cases

This should be read in conjunction with my earlier post on the Green Paper as it relates to domestic violence.

Full post: Pink Tape

Green Paper on Legal Aid – Initial Observations #1: Domestic Violence

I’ve decided to post several shorter posts about the green paper on legal aid published yesterday. This one will deal with domestic violence.

Full post: Pink Tape

HAT tricks

Judgment has now been delivered in a case involving Hair Alcohol Testing (LB Richmond v B & W [2010] EWCA 2903).

Full post: Family Law Week blog

Leave to remove and the vexed question of jurisdiction

I read Marilyn Stowe’s recent post with interest, as I have come across or worked on a number of cases in which one parent wanted to move abroad and the other battled with the idea of being left behind.

Full post: Marilyn Stowe Blog

Why I’m Cross

It makes me cross when it takes adversarial cross examination of a social worker to force a Local Authority into pulling its finger out and fulfilling it’s duty towards children and parents.

Full post: Pink Tape

Advice service for care case children “not fit for purpose”

The Commons Public Accounts Committee has published a damning report into the Children and Family Court Service’s (‘Cafcass’) response to increased demand following the Baby P scandal.

Full post: UK Human Rights Blog

Leave to remove a child: what about the parents left behind?

Back in September, when Lord Justice Wall gave a speech to Families Need Fathers, his view of separation as a “serious failure of parenting” attracted headlines. I would like to draw attention to a lengthy but little reported part of his speech, which concerned one of the most heartrending areas of family law: when parents divorce and one parent decides to begin a new life overseas with the children.

Full post: Marilyn Stowe Blog

Once more without conviction

The case of Re L-W [2010] EWCA Civ 1253 is getting a lot of blogging attention (Family Lore, Researching Reform).

Full post: Family Law Week blog

Re L-W (Children): The law is not omnicompetent

The case of Re L-W (Children) EWCA Civ 1253, decided last week, perhaps demonstrated the limits of the courts powers when dealing with an intractable contact dispute.

Full post: Family Lore

Baby P Serious Case Review

Serious Case Reviews are carried out under Regulation 5 of the Local Safeguarding Children Board Regulations 2006 which requires Local Safeguarding Children Boards to undertake reviews of serious cases in accordance with procedures set out in chapter 8 of Working Together to Safeguard Children.

Full post: Family Law Week blog

Appointing a Guardian for a Child

Two parents have a child and then separate - the father leaves and does not pursue contact, direct or indirect and does not contribute to the child's maintenance for some years. What can the resident parent do to ensure the child is properly looked after in the event of her death?

Full post: Bloody Relations