Rehearing after order set aside for non-disclosure

Amy Royce-Greensill analyses a case involving non-disclosure, where the High Court considered the approach it should take when rehearing a financial claim following the final order being set aside.

Full post: Family Law Blog

Making the right choices

Guest bloggers Suzanne Kingston, Delphine Eskenazi and Mark Haranzo highlight the issues faced by international families on relationship breakdown.

Full post: Family Law Blog

Legal aid, Court of Protection and ‘contrivance’

This is a Court of Protection case, and it is a Charles J judgment, which means that although it is important, it is complicated and challenging.

Full post: suesspiciousminds

Is the Court of Protection really facing “rocketing” financial abuse by attorneys and deputies?

A recent article in the Daily Telegraph claimed that “Record numbers of people trusted to look after the finances of those lacking the mental capacity to do so are being struck off by the authorities.”

Full post: The Transparency Project

Care order or Supervision Order?

A Judgment of HHJ Bellamy in Leicester has been published recently, which looks at the crucial differences between placing a child at home under a care order versus placing a child at home under a supervision order.

Full post: The Transparency Project

Knock knock knocking on Judges’ doors

Re X (a child) no 2 (private surrogacy) 2016.

Full post: suesspiciousminds

Could do better – a self-fulfilling prophecy about parental fear

Discussing an article in The Guardian regarding the Re J case.

Full post: The Transparency Project

Judge making findings about a witness – fair trial

Re W (A Child), [2016] EWCA Civ 1140 (17 November 2016).

Full post: suesspiciousminds

‘Bias’ and the judge’s role

The question of whether or not Lord Neuberger should sit in the Supreme Court on the appeal from the EU withdrawal case has recently arisen.

Full post: dbfamilylaw

Cryogenics and the Courts

Re JS (Disposal of Body) 2016.

Full post: suesspiciousminds

Hair Strand Testing – some interesting information

"There is an evaluative element to hair strand testing, particularly in cases of suspected excessive alcohol use, and it is important to be aware on what the science is and is not capable of telling us and how probative an apparently positive result really is."

Full post: Pink Tape

Is There A Human Right To Cryogenically Freeze Your Body?

The mother of a dying girl has been given the right to cryogenically freeze her daughter’s body after her death, in the hope that she will one day be resurrected and cured. What are the human rights implications?

Full post: RightsInfo

English councils confirm they set targets for the number of children to be adopted

This collaborative post, based on Alice Twaite’s research, is Part Two of our work on adoption targets.

Full post: The Transparency Project

What About Henry? An interesting discussion about how we deal with domestic abuse

This week The Transparency Project were invited to attend an event at Portcullis House hosted by Only Dads and Only Mums, with Jess Phillips MP. Our Lucy Reed went along…

Full post: The Transparency Project

The Telegraph and Daily Mail seem to just copy The Suns family law reporting mistakes

The media reporting of the case X, Y and Z (Disclosure to the Security Service).

Full post: The Transparency Project

When I’m sixty-four (bundles)

Re A and B (Children) 2016.

Full post: suesspiciousminds

A tottering edifice indeed…

Christopher Booker, writing in the Sunday Telegraph last week, is critical of former District Judge Crichton (a retired family court Judge), for giving a selective account of the work of family courts.

Full post: The Transparency Project

Enemies of Transparency: Newspaper Stories & The Court of Protection

This is a guest post written by Barbara Rich. Barbara is a barrister and mediator specialising in inheritance and trusts and Court of Protection property and affairs cases.

Full post: The Transparency Project

Contempt: administration of justice, and private lives

The law of contempt applies in all fields of court proceedings: civil and criminal. In this article it comes as civil contempt; criminal contempt: holding the system up to ‘obloquy’; and publication of information in relation to private proceedings.

Full post: dbfamilylaw

Is it appropriate to admit covert recordings of professionals or others within family proceedings?

Earlier in 2016, The Transparency Project, along with the Association of Lawyers for Children and others, were invited by His Honour Judge Bellamy (Designated Family Judge for Leicester) to make written submissions to the Family Court regarding the question of covert recording.

Full post: The Transparency Project

Access to information should not be an after-thought in plans for ‘transforming our justice system’

On 15th September 2016 the Ministry of Justice opened its consultation into “Transforming Our Justice System”.

Full post: The Transparency Project

The problems surrounding shared care and child support

Liz Cowell, principal lawyer with Slater and Gordon, examines JH v Secretary of State for Work and Pensions and argues that the issue of shared care is one of the most difficult areas left within the child maintenance remit.

Full post: Family Law Blog

A “Gay parents row” – OR who can adopt and when?

There has been coverage in The Times and The Telegraph this week about a husband and wife who wish to adopt their foster children but have been told they can’t, because of their views about gay adoption.

Full post: The Transparency Project

The Lord Chief Justice and a failing family law system

The Lord Chief Justice has just laid his 2016 report before Parliament.

Full post: Marilyn Stowe Blog

Enemies of the truth

Lucy Reed examines the latest outpouring from the Daily Mail.

Full post: Pink Tape

Re X (A Child): withdrawal of care order application

In Re X (A Child) (No 3) Sir James Munby P was faced with a possible challenge by parents to a care and consequent adoption order.

Full post: dbfamilylaw

You can’t handle (51% of) the Truth!

A few weeks back I opined that In the matter of X (a child) (No 3) was going to be the defining case of the last 25 years of family law. It looks like I was right – but not for the reasons I had hoped.

Full post: The Transparency Project

The X Files (Or: the Truth is Out There — but can a civil court rehearing really find it?)

In Re X (No 3) the President decided to continue, despite the withdrawal of the birth parents concerned, a full re-hearing of the original allegations made in care proceedings in 2013 involving an injury to a child who was removed from the birth parents and adopted in 2015.

Full post: The Transparency Project