High Court appeals to be heard in open court?

The press reported this week that an appeal involving Essex County Council was the first to be routed through the High Court, under new rules that have diverted some appeals from the Court of Appeal to High Court judges as a result of the Court of Appeal having an unmanageable workload.

Full post: The Transparency Project

Mediators versus lawyers?

It’s always sad when mediators and lawyers get all “adversarial” about their respective claim to being the best at helping families in conflict. The truth is neither has the monopoly.

Full post: Pink Tape

Ellie Butler case debated in House of Lords

"We’re really concerned about the fact that peers appear to be relying in some instances on inaccurate versions of events whirling around in the public domain which are inconsistent with the core documents in the case, and which do not bear proper analysis or scrutiny."

Full post: The Transparency Project

Humanrights and children’s rights: interference with publicity

Publicity: ‘interplay’ of public interests in court proceedings.

Full post: dbfamilylaw

Like Redbridge under troubled water (a Local Authority takes a kicking case)

London Borough of Redbridge v A B and E (Failure to comply with directions) 2016.

Full post: suesspiciousminds

Private family hearings: a way through the ‘mess’

In Appleton & Anor v News Group Newspapers Ltd & Anor Mostyn J said that to describe the law about the ability of the press to attend family proceedings as ‘a mess would be a serious understatement’.

Full post: dbfamilylaw

Transparency: the Perfect Storm

The recent decisions of Hayden J concerning a 7 year old boy, whose mother insisted he wished to be raised as a girl, set out a wide variety of the issues that concern the Transparency Project and which have provoked strong emotion for many readers.

Full story: The Transparency Project

If your ex takes your child to the other end of the country should the court treat it as abduction?

The Court of Appeal has clarified the question of how courts should deal with cases where one parent takes a child to live in a distant part of the country without the agreement of the other.

Full post: The Transparency Project

The terrifying tale of how Britain’s most secret court imprisoned a grandmother (AKA Court enforces its own orders and publishes judgment for the world to see)

Examining the truth behind a newspaper headline.

Full post: The Transparency Project

Advertising children for adoptive parents in the national press

There have been four adverts for adoptive parents for children in the Mirror this week with another due tomorrow for  ‘National Adoption Week’.

Full post: The Transparency Project

Human rights: availability of special measures for vulnerable witnesses and children

What criminal proceedings procedures offer the family courts to help vulnerable witnesses?

Full post: dbfamilylaw

We Believe – doing violence to due process

"I am really concerned about the conversations we are having (and not having) in public about domestic abuse and about violence towards intimate partners." Says Lucy Reed.

Full post: Pink Tape

APPG Report on DV (finally)

The All Party Parliamentary Group on Domestic Violence published a Briefing Paper in April. Finally, I’ve had a chance to deal with it.

Full post: Pink Tape

Yet another fertility clinic paperwork error case

Jefferies v BMI Healthcare Ltd (Human Fertilisation And Embryology) [2016] EWHC 2493 (Fam) (12 October 2016).

Full post: suesspiciousminds

Nepal-ing behaviour (I’m sorry, I’ll just get my coat)

Re QS v RS & Anor 2016.

Full post: suesspiciousminds

Release of court documents to the security services in children proceedings

In X, Y and Z (Disclosure to the Security Service) McDonald J dealt with an application by the Metropolitan Police to release a judgment and mother’s statement in unconcluded care proceedings to the security services.

Full post: dbfamilylaw

Disclosure to the security services

X, Y and Z (Disclosure to the Security Service) [2016].

Full post: suesspiciousminds

LIP Service

Important High Court authority that states that where a case involves both a Litigant in Person AND a lawyer, the lawyer has to ensure that any case management documents and case law is provided to the litigant in person at least THREE WORKING DAYS before a contested hearing.

Full post: suesspiciousminds

Thoughts for a fair family court

Fairness cannot be sacrificed by family courts on the altar of pressure of time, says david Burrows.

Full post: dbfamilylaw

FLBA Chair calls for more resources for family justice system

Philip Marshall QC, chair of the Family Law Bar Association has made some forceful remarks in his latest email to FLBA members, which I think merit emphasis.

Full post: Pink Tape

Litigants in person – getting court documents well before the hearing begins

Conducting your own case as a litigant in person (LiP) is hard enough as it is, without being given a massive bundle of the other side’s documents and law reports at the door of the court, just as the hearing is about to begin.

Full post: The Transparency Project

Lessons from the Ellie Butler case

Lessons from the Ellie Butler case October 3rd London Resolution.

Full post: The Transparency Project

Throwing in my Transparency Towel

Sarah Phillimore gives her thoughts on the Alcott judgment regarding the issue of publicity.

Full post: The Transparency Project

‘Mum’s torment as monster who raped her demands access to child he fathered’: Some pointers on how applications for contact involving domestic violence should be dealt with

At the weekend the Daily Mirror reported the torment of a victim of serial rape and domestic violence, at her former partners’ application (from prison) to the family court for contact with their child and the judge’s decision to permit him to send letters.

Full post: The Transparency Project

Changes to FPR 2010 practice directions and forms

Amendments to the practice directions supplementing the Family Procedure Rules 2010, SI 2010/2955 (FPR 2010) come into force on 3 October 2016.

Full post: Family Law Blog