W (Children): Performing the balancing exercise in relocation cases

W (Children) [2011] EWCA Civ 345 concerned a mother's appeal against the refusal of her application for permission to relocate to Australia with her children.

Full post: Family Lore

Family Procedure Rules 2010: How powerful is the court?

Today I’m looking at case management, in particular the way in which the rules provide a fascinating insight into how the court ticks, and the vast range of orders it can make in a family law case.

Full post: Marilyn Stowe Blog

Family Procedure Rules 2010: Mediation & the Devil in the Detail

This week I am examining the Family Procedure Rules 2010, drawing out what I believe to be the most important changes for practitioners and clients. Today I would like to begin by looking at the Rules’ Overriding Objective.

Full post: Marilyn Stowe Blog

DE v AB: If a child is born, then the parents have obligations under law

DE v AB [2010] EWHC 3792 (Fam), just reported on Bailii, concerned a father's appeal against a Schedule 1 Children Act award.

Full post: Family Lore

Family Procedure Rules 2010: A Guide

The Family Procedure Rules 2010, which are effective from 6 April 2011, are an essential read for solicitors and clients throughout England and Wales because they herald major changes in family law’s procedures and practice.

Full post: Marilyn Stowe Blog

Family Procedure Rules 2010 – Revised

I posted a couple of things on the blog as the rules were hot off the press, and when the PDs first began to emerge like crocuses on a lawn.

Full post: Pink Tape

Webinar: Testing for alcohol misuse using hair – an open discussion forum following the findings of the Moylan Judgment in Richmond v B

This is a recording of a webinar hosted by Trimega Laboratories on the 17th February.

Full post: Family Lore

John Hemming MP: abuse of power, and privilege

Last week John Hemming MP secured a debate in Westminster Hall about the role of Parliament in dealing with all grievances and the importance of freedom of communication between constituents and Members.

Full post: Head of Legal

N v F: Taking pre-marital wealth into account

N v F [2011] EWHC 586 (Fam) dealt with "the vexed question of how the court should, when exercising its powers to award ancillary relief, reflect, if at all, the property that the husband bought to the marriage back in 1993".

Full post: Family Lore

Why are divorcing couples so careless when it comes to Facebook?

I don’t mean to pry – it’s probably none of my business, anyway - but why do we have such an ambivalent attitude towards privacy?

Full post: Law Society Gazette News blog

New family procedure rules are a victory for plain English

Ask many people what is the worst thing about the legal profession and they may well say “the jargon”.

Full post: Family Law Blog

Re A (a child): Withdrawing care proceedings where the child has suffered significant harm

In Re A (a child) [2011] EWHC 517 (Fam) Mr Justice Hedley considered the unusual circumstance of an application by a local authority for permission to withdraw care proceedings, notwithstanding that the child had sustained injuries which amounted to significant harm.

Full post: Family Lore

What happens to pension sharing if a couple divorces overseas?

This post focuses upon pension sharing, couples with overseas links, three recent Court of Appeal judgements and Part III of the Matrimonial and Family Proceedings Act 1984.

Full post: Marilyn Stowe Blog

Pickle, Don’t Preserve

Our eponymous hero Eric Pickles (Department for Communities and Local Government) has announced quite possibly the most wide sweeping and yet sketchy review of local authority social care and other duties.

Full post: Pink Tape

Will Government cuts put domestic violence victims at increased risk?

International Women’s Day, on 8 March, celebrated the political, social and economic achievements of women.

Full post: Marilyn Stowe Blog

Re T (A Child: Murdered Parent): The approach of the court remains the same

The case Re T (A Child: Murdered Parent) [2011] EWHC B4 (Fam), reported on Bailii today, considered an issue that does not seem to have been considered in any previously reported case: an application for a contact order by a father who had been convicted of the manslaughter of the mother.

Full post: Family Lore

Balancing transparency with ‘secrecy’ in the Court of Protection

There probably aren’t many people who want to know what ‘goes on’ in the Court of Protection more than me; it’s what I spend much of my time trying to fathom.

Full post: UK Human Rights Blog

Brought To Booker

I don’t read the Telegraph, but it has become increasingly difficult to avoid being confronted with the journalism of Christopher Booker, who it seems is engaged in a long standing campaign against the national child snatching scandal represented by our care system.

Full post: Pink Tape

The ‘unisex pensioner’: how changes to European law will affect pensions and divorce

European law can be a strange thing. There is the often quoted example of the required size and shape of bananas, or the Brussels dictat that a Cornish pasty must be in the traditional ‘D’ shape to be truly considered Cornish.

Full post: Marilyn Stowe Blog

Are we truly free?

In an important recent case, the Court of Appeal has found that there was no deprivation of liberty, within the meaning of Article 5 of the European Convention on Human Rights, when two people with moderate to severe learning difficulties are cared for in a foster home and a specialist home for adolescents respectively.

Full post: UK Human Rights Blog

Analysis: the place of religion in foster care decisions

Religious views opposing homosexuality are a legitimate fostering concern and the local authority’s approach to this question did not constitute religious discrimination.

Full post: UK Human Rights Blog