When one party refuses to settle, why not try this?

Yesterday, writing about Financial Dispute Resolution hearings, I described how frustrating it can be when an FDR hearing fails and a case proceeds to a Final Hearing.

Full post: Marilyn Stowe Blog

The FDR hearing and the First Appointment: what you need to know

When a financial application is made to the divorce courts, three court hearings are scheduled to take place: a First Appointment, an FDR hearing and a Final Hearing.

Full post: Marilyn Stowe Blog

Case Comment: Re E [2011] UKSC 27

The Supreme Court’s decision in Re E can be seen in some ways as guiding interpretation of Article 13(b) of the Hague Convention ‘back on track’, following the decision of the ECHR last year in Neulinger and Shuruk v Switzerland [2011] 1 FLR 122.

Full post: UKSC blog

Book Review: Safe Routes to Child Support: A Resolution Guide

As this guide wisely points out, the law pertaining to the agency formerly known as the Child Support Agency is an area that many family lawyers instinctively shy away from.

Full post: Pink Tape

Orders for payment in respect of legal services

The Legal Aid, Sentencing and Punishment of Offenders Bill includes provision in Part 2 for 'Orders for payment in respect of legal services'. Exactly how will these work?

Full post: Family Lore

Lessons for Lawyers: NA v MA and D (A Child)

I spent much of yesterday looking over 24 of our files. I review all of the files at Stowe Family Law at least once a month, and it is tiring work.

Full post: Marilyn Stowe Blog

A young autistic man, Magna Carta, human rights and unlawful detention

The Court of Protection emphatically ruled last week that a local authority unlawfully detained a young man with autism and learning difficulties for almost an entire year, breaching his right to respect for family life as a result.

Full post: UK Human Rights Blog

D (A Child): Waiving professional privilege

"This is a care case with an interesting and unusual twist to it." So began the judgment of Lord Justice Ward in D (A Child) [2011] EWCA Civ 684.

Full post: Family Lore

Abduction and the child’s “best interests” – analysis

E (Children) FC [2011] UKSC 27 – This case shows some of the difficulties thrown up by the interesting tension between the primacy of children’s interests implied by Article 8 of the European Convention on Human Rights and the controls on child abduction exerted by the 1980 Hague Convention.

Full post: UK Human Rights Blog

Book Review: Family Mediation: Appropriate Dispute Resolution in a new family justice system

This review is a guest post written by Sarah Phillimore, at St John’s Chambers, Bristol.

Full post: Pink Tape

Children abducted by mother from father in Norway must be returned orders Court

The Supreme Court has ruled that two girls, aged seven and four respectively, be returned with their mother to Norway, after she had removed them without the father’s consent.

Full post: UK Human Rights Blog

Book Review: Family Procedure Rules 2010 - A Guide to the New Law

The new Family Procedure Rules have, of course, provided substantial opportunities for legal publishers to supply the profession with guidance, and Family Procedure Rules 2010 is, as the sub-title states, Law Society Publishing's effort.

Full post: Family Lore

The Adoption Dilemma: the rights of parents v child’s interests

This ruling from Strasbourg sheds little light on how Article 8 can help adoption procedure, but it does illustrate how courts and agencies are having to square up to the deepening crisis in adoption rates.

Full post: UK Human Rights Blog

Is shared parenting legislation really the way forward?

Would legislation for shared parenting time help children?

Full post: Marilyn Stowe Blog