What does “exceptional” mean in a post-LASPO world?

"Some have speculated that once LASPO 2012 has been implemented on 1 April and pretty much everything falls out of scope there will be plenty of – erm – scope – for applications under the “exceptional cases” provisions" says Lucy Reed.

Full post: Pink Tape

TC and JC (Children: Relocation): The presently governing principles of relocation

A summary of TC v JC (Children: Relocation) [2013] EWHC 292 (Fam), decided on the 21st of February.

Full post: Family Lore

Vulnerable witnesses revisited

The Court of Appeal have looked again at a case involving the issues of a vulnerable adult giving evidence. Re M (A Child) 2013.

Full post: suesspiciousminds

“Lancashire Hot Pot(ato) “

The Supreme Court have given their decision in Re J, looking at whether a finding of fact that an injury was caused and neither parent can be excluded, forms a basis for finding that such a parent would be a risk to children in a new relationship.

Full post: suesspiciousminds

Oh Lord, won’t you buy me, a McKenzie Friend ?

The Court of Appeal considered the role of McKenzie Friends, post the Practice Note guidance, in the case of Re H (Children) 2012 Neutral Citation Number: [2012] EWCA Civ 1797.

Full post: suesspiciousminds

“Finding” out the hard way

A discussion of the High Court decision of A London Borough v A and Others 2013, and what it tells us about coming to terms with difficult findings.

Full post: suesspiciousminds

Relocation Applications and the 1996 Hague Convention

A discussion of the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children.

Full post: Family Matters

RCW v A Local Authority: An unusual and troubling case

A summary of RCW v A Local Authority [2013] EWHC 235 (Fam) (12 February 2013).

Full post: Family Lore

Children must not pay price of targets to reduce time on care proceedings

BASW professional officer Sue Kent examines the issues raised by a new report from the Child Protection All Party Parliamentary Group, which highlights a family courts system under extreme pressure.

Full post: BASW

H (A Child):The harm of delay

A brief discussion of H (A Child) [2013] EWCA Civ 72 (13 February 2013).

Full post: Family Lore

Court of appeal sweepstake

Yet more pondering about the 26 week timetable unofficial roll-out a year in advance of the projected Children and Families Bill becoming law, and whether there is a hint in the Family Modernisation second update?

Full post: suesspiciousminds

“An unhelpful cocktail”

The interesting case of Re A (A Child) 2013.

Full post: suesspiciousminds

Dad Tax?

Having read a little bit about the rather unpopular bedroom tax this week I was struck by the way that the approach of two different government policies in separate areas appear to be in tension with one another.

Full post: Pink Tape

Re A (A Child): Wasted costs application by local authority

A quick note on Re A (A Child) [2013] EWCA Civ 43, which concerned a local authority's application for a wasted costs order against a firm of solicitors that acted for parents in care proceedings.

Full post: Family Lore

Is there a meaningful right to silence in care cases?

Suesspiciousminds asks the question.

Full post: suesspiciousminds

“A Judge too far”

A quick discussion on the Court of Appeal decision in Re J-L (Children) 2012.

Full post: suesspiciousminds

Court opens way to divorces by Sharia? Hold on a minute…

The Times (amongst others) today deserves a spell on the legal naughty step. Its headline announces that a judge’s decision “opens way to divorces by Sharia“.

Full post: UK Human Rights Blog

“Biological parent versus legal parents – OR Judge Fudge is far too busy being delicious”

A discussion of the High Court decision in Re S v D &E 2013, in which the High Court determined that a man who had donated sperm which led to the birth of a child could make an application under the Children Act 1989, although leave would be required.

Full post: suesspiciousminds

Letters of Destruction

You may well have heard that the new guidance on the instruction of experts came into force today. If it is actually enforced, it will significantly reduce the number of experts and at the same time significantly increase the amount of preparatory work prior to requesting the involvement of an expert.

Full post: suesspiciousminds