Civil legal aid: Exceptional case determination

Legal Aid Sentencing and Punishment of Offenders Act 2012 s 10 represents the only way that a person can obtain legal aid for civil legal services (civil legal aid), outside the narrow spectrum of cases – domestic ‘violence’, forced marriage etc – covered by Part 1 Sch 1 of the Act.

Full post: dbfamilylaw

T v S: The court cannot micro-manage the relationship between the parents and their handling of the child

A quick look at T v S [2013] EWHC 2521 (Fam), which was decided by the President on the 25th of July last year, but has just appeared on Bailii.

Full post: Family Lore

Law, practice directions and guidance

Whilst the President has the power to issue Guidance or Practice Directions, what status do his Views hold, styled in title if not in form as the idle musings of a be-windowed leader?

Full post: dbfamilylaw

Who to follow : The Precedent or the President?

We have wisdom coming at us in all forms and from all directions, so much that it sometimes seems as if the unique authority of precedent has been lost.

Full post: Pink Tape

Somerset v MK – conduct of a Local Authority and deprivation of liberty

This is a Court of Protection case, involving a 19 year old “P”.

Full post: suesspiciousminds

Clarity in law: Precedent law

The question which any reader, adviser and, preferably, any publisher of law reports must answer is: does the particular case create any sort of precedent?

Full post: dbfamilylaw

the interaction between Children Act and Mental Health Act

This reported case is a County Court one (which means that it is not legally binding precedent) but it raises some unusual issues.

Full post: suesspiciousminds

Reversing the burden of proof – injury to a child

There have been a few reported cases where the higher Courts have said or hinted that a fairly traditional medical formulation “that in the absence of the parent providing a benign explanation, this injury was caused deliberately” is a reversal of the burden of proof and not acceptable in law.

Full post: suesspiciousminds

Making eye to eye contact (post adoption contact applications, some practical queries)

I’ve previously written about the relatively new provisions of the Children and Families Act 2014 that allow a birth parent to apply for direct contact even years after the adoption order was made.

Full post: suesspiciousminds

Soldiering on

Barbara Connolly QC, barrister at 7 Bedford Row, discusses how the recent family law reforms have affected her practice.

Full post: Family Law Blog

The Ashya King wardship judgment

This is the judgment given by Mr Justice Baker in the wardship proceedings, setting out the reasons why on Friday of last week a solution was reached that Ashya would be able to receive proton-beam therapy treatment in Prague.

Full post: suesspiciousminds

Reflections on the law of bias

The following chapter is taken direct from a book of mine – The Practice of Family Law: evidence and procedure (2012).

Full post: dbfamilylaw

Right to publish wardship cases: How far?

Journalists may have been allowed into the High Court in the recent, well publicised, wardship hearing concerning parents who removed their child from a Hampshire hospital against medical advice. But does that give them full permission – and any right – to report on the proceedings?

Full post: dbfamilylaw

What is wardship?

I suspect that there will be a few people, including some journalists, who want to understand what Wardship is today.

Full post: suesspiciousminds

Child abuse: Inquiry and reform

Listening to children and other protected individuals: a family court response.

Full post: dbfamilylaw