The mediator and suspicions of harm to a child

‘Sharing’ of information about a mature child.

Full post: dbfamilylaw

Separate representation of a child – a thorny problem

It is well-established that in care proceedings, if a child is capable of instructing a solicitor and disagrees with the recommendations or conclusions of the Guardian that they can be separately represented, and have their own lawyer, who takes instructions directly from them.

Full post: suesspiciousminds

Reasonable financial provision for minor children: Ubbi v Ubbi [2018] EWHC 1396 (Ch)

Ubbi v Ubbi is a welcome and helpful decision that clarifies the approach to be taken to claims by minor children and provides useful guidance on the difference between claims under the 1975 Act and under Sch 1 Children Act 1989, and as to how matters such as housing needs, education costs and child care costs should be approached.

Full post: Equity's Darling

You would think this would go without saying… but it has been said

Re X and Y (appeal against care order) 2018.

Full post: suesspiciousminds

The use of experts in family court cases involving children – guidance note

We have written this guide for families and those working with and supporting them.

Full post: The Transparency Project

Tense – nervous, headache

Re K (A child : Threshold findings) 2018.

Full post: suesspiciousminds

14-year-old instructs his own solicitor in care proceedings

The Times published a story on 13 September under the headline, ‘Judge lets 14-year-old boy choose his own lawyer’.

Full story: The Transparency Project

Freedom versus responsibility when the Press report on care proceedings

On September 6th 2018 The Sun published an article ‘They Stole my Baby’ – Mum’s heartbreaking tale of how secret courts took her baby away forever – as we reveal children are being ripped from parents in record numbers.

Full post: The Transparency Project

Lord Chief Justice calls for more open justice

Judges should publish more judgments online, and they should engage more with the media, according to the Lord Chief Justice.

Full post: The Transparency Project

Court documents: Part 4 – documents for media and non-parties in family proceedings

This Part looks at how the law, as explained in the first three Parts, applies to documents and to non-parties in family proceedings.

Full post: dbfamilylaw

Court documents: Part 3 – what does the common law say?

This Part deals with the case of Cape Intermediate Holdings Ltd v Dring and its significance in relation to the documents concerned and their release to non-parties – but in open court civil proceedings.

Full post: dbfamilylaw

Court documents: Part 2 – the open justice principle

This Part deals with the question of: why should documents be made available for those who attend any court?

Full post: dbfamilylaw

You’ll find us all, doing the Lambeth Walk (oy!)

London Borough of Lambeth v MCS & Anor [2018] EWCOP 14 (31 August 2018).

Full post: suesspiciousminds

The Muslim Foster Carer Case – the final chapter

This week, just as we’d given up hope of ever finding out what happened to the little girl at the heart of the case, the judgment is out.

Full post: The Transparency Project

Court documents: Part 1 – to make sense of family court proceedings

Certain defined individuals – or non-parties – can get in to hear a case, but can they see documents after the case has been completed?

Full post: dbfamilylaw

Government plans to overhaul divorce laws

A long awaited reform of the divorce laws in England and Wales now seems close to becoming a reality, after Buzzfeed News revealed on 7 September that “justice secretary David Gauke is set to announce a consultation on no-fault divorce in which he will call for the existing fault-based system of establishing marriage breakdown to be abolished”.

Full post: The Transparency Project

Litigation privilege and family proceedings after SFO v ENRC

Litigation privilege explained: its relevance in family litigation.

Full post: dbfamilylaw

Legal Blogging – a dry run in the Court of Protection

Today I attended a Court of Protection hearing as a member of the public, with another colleague.

Full post: Pink Tape

Legal Bloggers – Pilot Announced

After months of liaison with the Family Procedure Rules Committee our proposal to permit legal bloggers into family court hearings is going to be piloted.

Full post: The Transparency Project

Plenty of fish, too little caviar

Burki v. Seventy Thirty Ltd, Seventy Thirty Ltd v. Burki [2018] EWHC 2151 (QB).

Full post: The Transparency Project

Do you want the good news or the bad news first?

HMCTS have formally launched a pilot to fast track lawyers through court security so that we can all arrive at court earlier and in a less grumpy state than we sometimes have hitherto.

Full post: Pink Tape

‘Habitual Residence’ – sloppy explanations of the law about child abduction

We have been alerted to some less than perfect summaries of the law around international child abduction by the BBC recently.

Full post: The Transparency Project

Final Presidential words on transparency

Sir James Munby, who retired as President of the Family Division at the end of July, has attracted a good deal of media attention over the years and has been innovative and enthusiastic about constructively engaging with the media.

Full post: The Transparency Project

Void, Valid and Very Confusing – what is the status of Sharia Marriages in the UK?

The High Court here in London has recently considered the status of an Islamic marriage, that did not comply with all the usual formalities required in England & Wales.

Full post: The Transparency Project

Owens v Owens: nobody panic

Owens v Owens is a Supreme Court decision about divorce, specifically about the level of behaviour needed to obtain a divorce on the basis of a spouse’s behaviour.

Full post: The Transparency Project

Police disclosure and the LA role in care proceedings

Lancashire County Council v A, B and Z (A Child : Fact Finding Hearing: Police Disclosure) [2018] EWHC 1819 (Fam) (02 July 2018).

Full post: suesspiciousminds

Domestic Abuse – exaggeration is not required

The House of Commons debate about Domestic Abuse and the Family Courts.

Full post: The Transparency Project

The Progress of Reform – or lack of it. The PAC’s Transforming Courts and Tribunals inquiry report

At the beginning of June the Transparency Project submitted written evidence to the House of Commons Public Accounts Committee‘s Transforming courts and tribunals inquiry.

Full post: The Transparency Project

Mills V Mills

The Supreme Court has now given judgment on the case of Mills v Mills 18 July 2018.

Full post: leishaonlaw

Hit on the head by an old chestnut

The hoary chestnut, the ‘meal ticket for life’, has fallen from the media and hit us squarely on the head again. This time, the impetus is a Supreme Court case called Mills v Mills.

Full post: The Transparency Project

Extension of the proceedings for 6 months

I have to say that when I first read Re P (A child) 2018  I thought it was of limited interest and value and incredibly fact-specific, but I am aware that this is not how it is being viewed by some, and therefore felt it might warrant a blog post.

Full post: suesspiciousminds

Supreme Court emphasises councils’ duties to inform parents fully about s. 20

Williams v LB Hackney is a widely awaited judgment from the Supreme Court because the issues centred on the lawful use of s 20 Children Act 1989 – known as ‘voluntary accommodation’.

Full post: The Transparency Project

Marital agreements—sharing, needs and foreign property regimes

Jennifer Perrins, barrister at 1KBW, considers the case of Versteegh v Versteegh on the importance of legal advice in relation to a pre-marital agreement, whether a party has ‘a full appreciation of the implications’ and the appropriateness of making a ‘Wells order’.

Full post: Family Law Blog

Are ‘Thousands misusing abuse orders to get legal aid?’

Twitter commentators asked questions last week of a BBC headline: Thousands misusing abuse orders to get legal aid, says parenting charity.

Full post: The Transparency Project

This is your pilot speaking…brace for impact

There is a new pilot scheme running, which allows parents in certain court areas (including my own) to submit their applications for a Child Arrangements Order (form C100) in an online format.

Full post: Pink Tape

Parents refusing to participate

O (A Child : Fact Finding Hearing – Parents Refusing to Participate) [2018] EWFC 48 (29 June 2018).

Full post: suesspiciousminds

Case Comment: R (Steinfeld & Anor) v Secretary of State for International Development [2018] UKSC 32

Judgment in the case of R (Steinfeld & Anor) v Secretary of State for International  Development [2018] UKSC 32.

Full post: UKSC blog

Rapidly crumbling – Bruzas v Saxton

This is an ancillary relief case, but one that (when it is finally decided) could have massive implications for lawyers in all fields. Bruzas v Saxton 2018.

Full post: suesspiciousminds

The new ‘normal’

Families Need Fathers have issued a press release, welcoming ideas put forward by Sir Andrew McFarlane, the incoming President of the Family Division, in a keynote address at their conference on the theme of restoring confidence in family justice, held on 23 June.

Full post: The Transparency Project

Social worker on the naughty step

M and N (Children : Local authority gathering, preserving and disclosing evidence) [2018] EWFC 40 (1 June 2018).

Full post: suesspiciousminds

Making Special Guardianship Order before child has lived with prospective carers

P-S (Children) [2018] EWCA Civ 1407 (18 June 2018).

Full post: suesspiciousminds

Alleged contempt, whilst in prison for contempt

Egeneonu v Egeneonu & Anor [2018] EWHC 1392 (Fam).

Full post: suesspiciousminds

My work life imbalance and the big gorgeous eyes

It's ironic that some weeks after the publication of the Bar Council's Working Lives Survey I've only just managed to scrape together enough time to knock up a blog post to say 'Damn Right we're stressed and overworked!

Full post: Pink Tape

Bob the Builder – Mail, please fix it!

The Daily Mail reported yesterday that a ‘Nurse’s one-year-old son is taken from her care after she let him sit in a Bob The Builder toy car that was ‘inappropriate’ for his age’.

Full post: The Transparency Project

Is, Was and Ever Will Be

This is a Court of Appeal decision in relation to significant harm in care proceedings, where the harm was said to be emotional harm. Re S & H-S Children 2018.

Full post: suesspiciousminds

Charlie Gard, Alfie Evans and R (A Child): Why A Medical Treatment Significant Harm Test Would Hinder Not Help

This is a guest post by Katie Gollop QC and Sarah Pope. Katie represented Great Ormond Street hospital in the Charlie Gard case, and and Katie appeared in the recent case of Re R (A Child).

Full post: The Transparency Project

UK Supreme Court: Questions of Divorce and Civil Partnership

"Hypocrisy and lack of intellectual honesty which is so characteristic a feature of the current law ...." - Sir James Munby.

Full post: Law and Lawyers

Talking about social work

We recently wrote about an article by Louise Tickle in the Guardian which had caused a certain amount of controversy.

Full post: The Transparency Project

Transparency – why it matters, what it means

This is the text of a speech delivered by Chair of The Transparency Project, Lucy Reed at the Bloomsbury Family Law Conference on 16 May 2018, at Gray’s Inn.

Full post: The Transparency Project

The Abuse of Alfie’s Rights: A Gilded Death is Still a Death

Alfie’s life, his legal battles, and his death, have polarised opinion.

Full post: The Transparency Project

Alfie Evans, best interests, and parental rights

By now, we all know the terrible story of Alfie Evans, who spent 16 months of his two years of life in hospital as his brain turned to water and cerebral spinal fluid and who died following the removal of life sustaining ventilation.

Full post: The Transparency Project

Application to not disclose a CAFCASS report

G v G and Another 2018.

Full post: suesspiciousminds

Invasive naso-gastric feeding not in the best interests of dementia patient

The Court of Appeal has refused to interfere with the Court of Protection’s decision that it was not in the best interests of a 77-year-old man with end stage dementia to be discharged home with a nasogastric tube inserted for feeding purposes.

Full post: UK Human Rights Blog

Should civil partnerships only be available to same sex couples?

Following on from the UK Supreme Court’s special session in Belfast hearing the “Gay Cake” case, the Court now gathers in London to hear oral arguments in the Equal Love litigation whose factual origins are somewhat closer to Parliament Square in more ways than one.

Full post: UK Human Rights Blog

Your money or your wife

Both the Telegraph and the Times have the same story this week, including that hoary old chestnut the ‘meal ticket for life’, and the suggestion that women get divorced for the money and if the money’s not good they don’t get divorced.

Full post: The Transparency Project

Online divorce application: national rollout will be just the beginning

We have just launched the new online service nationally and any member of the public is now able to use it through GOV.UK. But this is only the beginning.

Full post: Inside HMCTS

Left in the lurch

Last week District Judge Read (no relation) published a shocking judgment. I have been thinking about it a lot, waiting for enough quiet time to write down my thoughts about it. I am very bothered by it.

Full post: Pink Tape

Incompatible

Coulibaly v Coulibaly & Ors (Alleged incompatibility of the Children Act 1989 with the ECHR) (Rev 1) [2018] EWHC 936 (Fam).

Full post: suesspiciousminds

Care proceedings and diplomatic immunity

A Local Authority v X and Others 2018.

Full post: suesspiciousminds

Alfie Evans ~ a profoundly difficult case

The courts are called upon to make difficult decisions touching on all aspects of our human existence but the most profoundly difficult decisions are in those tragic cases where a child is in hospital with an incurable condition. 

Full post: Law and Lawyers

It’s not my job to believe you – here’s why

I had to do the 'it's not my job to believe you' talk to a client recently. I thought it might be a useful topic to discuss on the blog, because it is so often a source of worry and confusion for people unfamiliar with taking advice from a barrister.

Full post: Pink Tape

Journalism, Judges and Justice – a crisis in court reporting?

A report on Open Justice from the Chartered Institute of Journalists warns of “an unprecedented, and sustained, attack on the journalism profession, which has taken a toll on our ability to cover courts, and report on their function”.

Full post: The Transparency Project

Magical sparkle powers, secure accommodation and consent

A Local Authority v SW and Others 2018.

Full post: suesspiciousminds

Discrimination in the courts? Waggott v Waggott by Phoebe Turner

In the so-called “meal ticket for life” appeal case of Waggott v Waggott, Kim Waggott, the former wife of William Waggott, lost her joint lives maintenance award and the court rejected the argument that earning capacity is a resource subject to the sharing principle upon the breakdown of marriage.

Full post: Stowe Family Law Blog

Three examples of how not to do family justice

This week involves a trio of disastrous cases where things have gone wrong and judges have explained why.

Full post: The Transparency Project

Litigant’s claim struck out for discussing case during break in giving evidence – a cautionary tale

It’s one of the cardinal rules of court procedure: once you’ve entered the witness box and started to give evidence, you mustn’t discuss the case with anyone outside court, if there’s a break in the proceedings, until you’ve finished giving evidence.

Full post: The Transparency Project

Meal ticket for life bid backfires – or does it?

The Telegraph is one of a number of newspapers to report on the decision of the Court of Appeal to refuse the appeal of Mrs Waggott asking for an increase in her divorce award, and to allow the appeal of Mr Waggot, asking for the duration of her maintenance award to be limited.

Full post: The Transparency Project

“I completely forgot”

P (A Child), Re [2018] EWCA Civ 720 (11 April 2018).

Full post: suesspiciousminds

Financial Remedy Court pilots

In January 2018, the President of the Family Division, Sir James Munby, issued his 18th View from the President’s Chambers, dealing with the launch of the Financial Remedy Court (FRC) pilots and the proposed structure and geography of the FRC.

Full post: Family Law Blog

Why doesn’t the family court punish professionals who break the rules?

What happens when the professionals in family cases – the local authority, social worker or CAFCASS – don’t obey court orders?

Full post: The Transparency Project

Hearing the child in family courts: legal aid and recent cases

A child’s views according to age and maturity.

Full post: dbfamilylaw

Hearing the child in family courts

Giving weight to the views of a child in family proceedings.

Full post: dbfamilylaw

Sergei And Yulia Skripal And The Court Of Protection

What are a person’s best interests in a decision to permit use of samples of body fluids or tissue for a purpose which is neither of direct therapeutic benefit to the person him or herself, or an act of direct altruism towards another person?

Full post: The Transparency Project

Fit for the future: transforming the court and tribunal estate

The Transparency Project’s response to the MOJ consultation.

Full post: The Transparency Project

Bloomin’ eck! Divorcing fraudster named and shamed but the papers ignore it

Recorder Cusworth has delivered three judgments in this case – although they go back as far as the start of last year, they were only published at the end of the case, once the judge had comprehensively set out all of the lies and frauds that had been exposed and explained why he could not believe a word that Mr Bloom said .

Full post: The Transparency Project

Template Orders – the drafting lawyer’s friend

As Suesspicious Minds has recently pointed out there is a consultation about NEW, IMPROVED template orders. It's only open until 16 April.

Full post: Pink Tape

When Expert Evidence Goes Wrong – the lessons to be learned

C (interim judgment on expert evidence) [2018] EWFC B9 (24 January 2018).

Full post: The Transparency Project

Judge versus Fostering Panel

Re T (A child) 2018  EWCA Civ 650.

Full post: suesspiciousminds

Would I lie to you baby, would I lie to you?

Re AB 2016 EWCOP 66.

Full post: suesspiciousminds

Why the Court of Protection gave permission for blood samples to be taken in Skripal poisoning case

The case provides an interesting and topical example of the Court of Protection’s work, as well as covering issues of transparency, jurisdiction and the rule of law.

Full post: The Transparency Project

Breach of a court order in family proceedings

In what type of case and for how long should a person be sent to prison?

Full post: dbfamilylaw

Q : What happens when you break an order made by the family court? A : Prison, that’s what

There have been a couple of examples of family court judges sending people to prison for deliberately ignoring their orders.

Full post: The Transparency Project

Salisbury Nerve agent attack - Court of Protection decision

On 21st March, in the Court of Protection, Mr Justice Williams made a number of declarations relating to Mr Sergei Skripal and his daughter Yulia, both victims of the Salisbury attack on 4th March.

Full post: Law and Lawyers

Time for constructive divorce

Nigel Shepherd, national head of family law at Mills & Reeve and national chair of Resolution, explains the reasons behind Resolution’s successful application to intervene in the Supreme Court appeal in Owens v Owens, and plans for the no fault divorce campaign going forward.

Full post: Family Law Blog

Judge tells lawyers off for talking over one another in court

In a judgment published on the BAILII website this week, a High Court Judge, Mr Justice MacDonald has criticized barristers involved in a case concerning the contact a 13 year old girl should have with her father, for the way they constantly interrupted one another.

Full post: The Transparency Project

Cringe

A v R & Anor 2018.

Full post: suesspiciousminds

Step-parent adoption order set aside where court misled

A father’s appeal out of time was allowed and a step-parent adoption order set aside as a result of deception by the applicants. Nasstassia Hylton, barrister at 1 Garden Court Chambers, considers the decision in Re J (Adoption: Appeal) [2018] EWFC 8 and looks at the serious consequences of giving false information to the courts.

Full post: Family Law Blog

An utterly misconceived application

Re SW (no 2) 2018.

Full post: suesspiciousminds

Local Authority unlawfully caring for child for four years (section 20 abuse)

Herefordshire Council v AB 2018.

Full post: suesspiciousminds

Use of Police Protection – a guide for social workers

This is intended to be a simple one page guide for social workers as to what to think about when Police Protection is being considered as a route of a child coming into care.

Full post: suesspiciousminds

Use of section 20 – a guide for social workers

I thought it might be helpful to share the guidance I prepared for my own social work department with others.

Full post: suesspiciousminds

DAM (I wish I was your lover)

Re DAM (Children) 2018.

Full post: suesspiciousminds

The role of transparency in rebuilding public trust and confidence

As we noted in ‘Transparency Project News’ in July [2017] Fam Law 778, August 2017 is the third anniversary of Sir James Munby’s Transparency – the next steps consultation (still available on the judiciary website).

Full post: The Transparency Project

Crisis in care – crisis in confidence?

In November 2017 Family Rights Group launched an enquiry into the causes of the increasing numbers of children in care and in care proceedings.

Full post: The Transparency Project

On how to pay and indemnify your ex-spouse for mortgage repayments

A tale of a Southampton consent order.

Full post: dbfamilylaw

What’s the difference between an allocation and a transfer?

This post is an attempt to explain a rather technical piece of guidance that was issued yesterday.

Full post: The Transparency Project

Financial relief disclosure: a miscellany of meanings

‘Self-help’ documents: when in law does the duty arise?

Full post: dbfamilylaw

Whatever happened to the judiciary’s McKenzie Friends consultation?

In February 2016, the then Lord Chief Justice, Lord Thomas of Cwmgiedd, and the Judicial Executive Board issued a consultation entitled “Reforming the courts’ approach to McKenzie Friends”.

Full post: The Transparency Project

New approach to media cases at the Royal Courts of Justice is a welcome development

In 2012 Mr Justice Tugendhat, ahead of his retirement in 2014, made a plea for more media specialist barristers and solicitors to consider a judicial role: “As the recruiting posters put it: Your country needs you.”

Full post: The Transparency Project

Seriously sick child and distraught parents – where to draw the line

Alder Hey Children’s NHS Foundation Trust v Evans, James and Alfie Evans (a child by his guardian Cafcass Legal) [2018] EWHC 308 (Fam).

Full post: UK Human Rights Blog

Mum wins appeal about her child’s potential adoption but still has to pay her own legal costs – why?

The recent care case of M (A Child) [2018] EWCA Civ 240 (judgment: 20 February 2018) has achieved some notoriety because the mother, who won her appeal, still had to pay her own costs, which may seen unfair to outsiders.

Full post: The Transparency Project

On Her Majesty’s Secret [Court] Service, or ‘Billionaire Putin crony loses right to secrecy in Britain’

“Secrecy in the court system is a growing concern. The press has a duty to uphold the principle of open justice and act as the eyes and ears of the public in the courts. The Times will resist any attempts to erode those principles.”

Full post: The Transparency Project

Supreme Court rules on temporary or defined moves and habitual residence

Michael Gration, barrister, of 4PB, examines the Supreme Court’s decision in Re C (children: anticipatory retention).

Full post: Family Law Blog

Court and tribunal forms are moving to GOV.UK

To make it easier for users to find the forms they need, we’re moving the forms to GOV.UK from 21 March 2018.

Full post: Inside HMCTS

Legal aid and Convention rights in domestic violence committal proceedings

Non-molestation orders and conviction for breach.

Full post: dbfamilylaw

Unlawful killing

Re R (Children) 2018: A very peculiar case and one in which leading counsel puts self in harms way in order to demonstrate breach of article 6 and succeed in appeal.

Full post: suesspiciousminds

Talk to the hand – I’m not YOUR social worker!

It's an old chestnut, the idea that a social worker is there for the child and NOT the parents.

Full post: Pink Tape

Fact Finding hearings and criminal law

This post is about a new judgment from the Court of Appeal called : R (Children) [2018] EWCA Civ 198 (16 February 2018).

Full post: The Transparency Project

Things children say – Disclosure, allegations and why language matters

Earlier this month the NSPCC put out a call on twitter for professionals to respond to a survey they are running as part of the evidence gathering phase of ‘a project to support professionals to take the appropriate action when they have concerns about the safeguarding of children and young people’.

Full post: The Transparency Project

Cafcass ‘tool up’ for children’s voices

‘Voice of the Child: How to help children’s voices be heard loud and clear throughout the family court process‘: This was the title of an Open Board Meeting at Cafcass we attended recently.

Full post: The Transparency Project

The digital revolution…rolling slowly towards us…

I've been meaning to write for a number of months about how I have been getting on with life without paper bundles.

Full post: Pink Tape

Meal tickets for life…again

TP respond to a report in the Daily mail that "Fewer women seek divorce as they fear losing their own cash in the wake of a divorce from a less well-off husband".

Full post: The Transparency Project

Child contact, non-molestation and McKenzie Friends

Re J (Children) [2018] EWCA Civ 115 (6 February 2018) raises at least four issues.

Full post: dbfamilylaw

A Fear of Sharia: why the Independent Report is a wasted opportunity

Russell Sandberg, Head of Law and Reader in the School of Law and Politics at Cardiff, is fairly unimpressed with the report of the Independent Review into the Application of Sharia Law in England and Wales.

Full post: Law & Religion UK

Vulnerable Clients and The Family Justice System

Should a disability prevent someone being a good parent? Is vulnerability the same as disability. These and others were the questions discussed by Jo Delahunty QC, in a talk on 1 February.

Full post: The Transparency Project

Hidden transparency

We’ve been waiting, hawk-like, since 2014 for the ‘next steps’ in transparency reform. And when it came we almost missed it, hidden like a tiny rodent camouflaged under a bush.

Full post: The Transparency Project

Pianos and Prisons and Publication of Judgments

On 20 January the Daily Mail headline demanded : ‘Family court judge must explain why pianist jailed, says campaigner’.

Full post: The Transparency Project

Expert evidence about unexplained injuries in child protection cases

On 10 January, the Daily Mail reported about the alarming case of a baby named Teddy, who was removed from his parents’ care when just six-weeks old, and remained away from them for five months while there was investigation into the causes of bruising on his face and body.

Full post: The Transparency Project

EU withdrawal and family law

Notes on speech of Lady Sherlock in House of Lords.

Full post: dbfamilylaw

Court of Appeal Overturns Decision Denying Trans Parent Contact With Children

An ultra-Orthodox Jew who left her community to start a new life as a woman has been allowed an appeal by The Court of Appeal.

Full post: Rights Info

Little things sometimes matter (yes I’m a pedant)

Here's a little thing that I think does matter, or might in some cases. The C1A.

Full post: Pink Tape

Words fail me. (But I spend a long time telling you, via words, why)

Re W (fact-finding) [2014] EWHC 4347 (Fam) (17 October 2014).

Full post: suesspiciousminds

Monetary Madness Misreporting

I’m sorry to report that today’s Daily Mail article ‘The tick box divorce: Couples will fill in new ten-page online form detailing money and assets they want under plans to streamline the system’ is (to use a technical legal term) totes nonsense.

Full post: The Transparency Project

Is the law becoming meaner to the poorer spouse?

Polly Morgan considers a suggestion that courts are moving away from equal division of assets on divorce and towards a situation where divorce settlements are becoming meaner to the party who is less wealthy than the other.

Full post: The Transparency Project

All is not well with child protection in North Wales

That’s an intriguing hook for a judgment. It comes from a decision of His Honour Judge Jones, sitting in Prestatyn.

Full post: suesspiciousminds

Runaway train, never going back

The British Association of Social Workers, BASW, commissioned an independent report to look at adoption. The report has just been published.

Full post: suesspiciousminds

Precedent, or just a law report?

The prompt for this article came from the fact that increasing numbers of judgements are being published by BAILII which can be published; but some of them cannot be cited in court.

Full post: dbfamilylaw

Kisses and cuddles not enough…

A belated summary about recent case involving adoption of the children of a learning disabled mother.

Full post: The Transparency Project

Legal aid for domestic abuse: a legislative morass

The more complex the legal aid legislation becomes, the more difficult it is to get help just to explain what it means.

Full post: dbfamilylaw

Cafcass, parental alienation and the law

Discussing the Cafcass 'High Conflict Pathway'.

Full post: The Transparency Project

Child’s views and court proceedings

EU Charter of fundamental rights and children.

Full post: dbfamilylaw

Learning disabilities – an interesting and sad judgment

A Local Authority v G (Parent with Learning Disability) (Rev 1) [2017] EWFC B94.

Full post: suesspiciousminds

EU Charter of rights and children

A child’s Charter rights which will be lost.

Full post: dbfamilylaw

Who pays for the harm done to children? CN v Poole and the law of negligence

On December 21st 2017, the Court of Appeal handed down its judgment in CN v Poole Borough Council  [2017] EWCA civ 2185.

Full post: The Transparency Project

5 family law myths in the media

Some quarters of the press have behaved so badly recently that passengers are no longer able to buy their wares on Virgin West Coast trains. Unfortunately, the rest of us have to put up with them.

Full post: The Transparency Project

Privacy, the common law and a celebrity divorce

Court divorce papers: how private?

Full post: dbfamilylaw

Medication, ooh, medication, medication – that’s what you need

T (A Child: Care Order: Beyond Parental Control: Deprivation of Liberty: Authority to Administer Medication) [2017] EWFC.

Full post: suesspiciousminds

Protection of public morals: a view from 2018

Protection for the divorcing public; or ‘troublesome irrelevance’?

Full post: dbfamilylaw

“Divorce Day”? Don’t believe the hype…

Like other fixtures in our diaries at this time of year – so-called “Divorce Day” is something which is trotted out in the media on a now annual basis.

Full post: The Transparency Project

A fork in the road – Cafcass and their pathways

A little while ago we wrote some about Cafcass’ new proposed High Conflict pathway, which had been hailed in the press as a big thing in terms of dealing effectively with parental alienation.

Full post: The Transparency Project

Celebrities are given a smidgen of privacy at a difficult time in their lives shocker

Looking behind the headline: Jamie and Louise Redknapp’s divorce papers to be kept secret as a judge blocks the release of documents.

Full post: The Transparency Project

2018 off to a great start then

On her first day back at court Lucy Reed hears that a DFJ is finding that the LAA are refusing to meet the costs of parents attending hearings unless there is an order directing their attendance.

Full post: Pink Tape