“I need two volunteers – you, and you” – how ‘voluntary’ is voluntary accommodation?

A consideration of the High Court decision in CA (A Baby), Re [2012] EWHC 2190 (Fam) (30 July 2012) and whether it is now legitimate for a social worker to ask a mother to agree voluntary accommodation of a baby.

Full post: suesspiciousminds

Forensic ferrets (or “Standing in the way of (beyond parental) control”)

A discussion of the little-used limb of the threshold criteria, and the interesting and deeply sad case of Re K (A Child: Post Adoption Breakdown) 2012.

Full post: suesspiciousminds

Banging heads together and “a very big ask”

An analysis of the Court of Appeal decision in RE W (CHILDREN) [2012] EWCA Civ 999.

Full post: suesspiciousminds

HH v BLW: Costs in private law children application

The case of HH v BLW [2012] EWHC 2199 (Fam), reported today on Bailli, deals with the rare instance of a costs order made in private law children proceedings.

Full post: Family Lore

Letter from America: a busy week for family law back in Britain

Marilyn looks at the cases T (Children), Re W and Re S, and the issue of costs in family cases.

Full post: Marilyn Stowe Blog

Defending allegations made in care proceedings ~ Costs

A discussion of the Supreme Court judgment in T (Children) [2012] UKSC 36.

Full post: Law and Lawyers

Re S (A Child): Residence and the controlling father

Re S (A Child) [2012] EWCA Civ 1031, decided today, demonstrates aspects of children disputes with which all family law professionals will be familiar.

Full post: Family Lore

Family Court Cases - Understanding Some Numbers

In this post, I attempt to explain some of the recurring but often misunderstood numbers that are used in discussions about family law and the family courts of England and Wales. In particular, I show how these various numbers fit together to make sense of the claim that 'about 10% of separating couples have their parenting arrangements decided by a judge'.

Full post: Legal Liberal

We are family, I’ve got all my sisters with me… (or “Beware of the leopard” )

An analysis of the Government’s consultation on placement of siblings and contact post placement.

Full post:  suesspiciousminds

It was Professor Plum, in the kitchen with a candlestick – no, it was Professor Plum AND Miss Scarlett….

A discussion of the Court of Appeal decision in Re L-B (Children) 2012 . Or ‘when is a judgment not a judgment?’

Full post:  suesspiciousminds

Arif v Zar & Anor: Applying to transfer a bankruptcy annulment application

Arif v Zar & Anor [2012] EWCA Civ 986, decided yesterday, involved a wife's application for the annulment of the husband's bankruptcy.

Full post: Family Lore

Scottish adoption law compatible with human right to family life

A discussion of the Supreme Court judgment in ANS v ML [2012] UKSC 30.

Full post: UK Human Rights Blog

G v G: Setting aside a parental order

G v G [2012] EWHC 1979 (Fam), reported today on Bailii, is believed to be the first case in which an application was made to set aside a parental order.

Full post: Family Lore

“Mum is implacably hostile” By guest blogger DT.

The phrase “implacable hostility” made its judicial debut almost 30 years ago and has been in use ever since.

Full post: Marilyn Stowe Blog

An increasing probability gradually increasing to a certainty

A discussion of the judgment in A CityCouncil v (1) M (2) F (3) C (by her children's guardian) (2012) and how private law proceedings can go really badly wrong.

Full post:  suesspiciousminds

Justice by gimmick

Instead of developing a ‘divorce by app’ scheme the government should consider allowing ‘no-win, no-fee’ 
in family cases, says 
Marilyn Stowe.

Full post: Marilyn Stowe Blog

Cohabitee disputes and trusts of land

Today our firm welcomed a talk about Cohabitee Disputes and Trusts of Land, given by Sarah Harrison of Chancery House Chambers in Leeds.

Full post: Marilyn Stowe Blog

Care system failures breach children’s human rights

A discussion of the A & S v. Lancashire County Council case.

Full post: UK Human Rights Blog

Gow v Grant: the Supreme Court rules on cohabitation

I first wrote about the Scottish case of Gow v Grant in a post for the Times’ Experts blog, in September 2011.

Full post: Marilyn Stowe Blog

Con-current bun-fight?

A quick summary of the new Fostering for Adoption proposals.

Full post:  suesspiciousminds

When assets aren’t divided 50:50. By Paul Read.

Marilyn writes: Among non-lawyers, there prevails a belief that marital assets are simply divided 50:50 in a divorce. However it is a mistake to assume that this is always the case.

Full post: Marilyn Stowe Blog

Do family courts discriminate against husbands, or wives?

Marilyn looks at the question that is asked by so many people.

Full post: Marilyn Stowe Blog

Gallarotti v Sebastianelli: Drawing proper inferences from the evidence

As Lady Justice Arden pointed out in her leading judgment, Gallarotti v Sebastianelli [2012] EWCA Civ 865 did not require the Court of Appeal to decide any new law: "Nonetheless, this appeal may be of wide interest as the factual paradigm is not uncommon."

Full post: Family Lore

When is a duty not a duty ? (when it falls on CAFCASS, of course)

A brief analysis of the Court of Appeal decision in R & Others and CAFCASS 2012.

Full post: suesspiciousminds

Definition of chutzpah

An analysis of the High Court decision in A, S and Others v Lancashire County Council 2012, and the human rights breaches identified therein.

Full post: suesspiciousminds