So much for transparency

The figures indicate that the Transparency Guidance is now a dead letter.

Full post: Stowe Family Law Blog

Can parents agree to a 16 year old being detained?

As a result of a new Supreme Court judgment, local authorities will no longer be able to offer residential care, with parents’ agreement, to 16 and 17 year olds where they are supervised and not free to leave – unless there is a court order.

Full post: The Transparency Project

Nothing else will do.

On 18 July I wrote a post about a judgment on a very sad case with a tentatively positive outcome. This post directly follows on from there, and it’s important to know that since that judgment there had been three further instances of domestic abuse where the police were involved, and an incident of the mother assaulting a police officer and another person for which she received a community sentence.

Full post: The Transparency Project

Scott v Scott and release of court material

David Burrows explains the current state of the common law on release of court material after a family case hearing.

Full post: ICLR Blog

Domestic Abuse Survivors To Stage Mass Protest On Parliament Square

Survivors of domestic abuse will stage a protest next month on London’s Parliament Square to highlight the way domestic violence cases are handled in the family courts.

Full post: Researching Reform

Human Rights Court criticises adoption case from Norway

The case of Strand Lobben and others v. Norway 37282/13 raises issues about the human rights of birth mothers in adoption proceedings.

Full post: The Transparency Project

Private hearing, in secret and in chambers

What is ‘private’: a need for clarity in law.

Full post: dbfamilylaw

Lomax v Lomax – must parties consent to Early Neutral Evaluation process?

In an appeal from a decision made by a family judge in an inheritance dispute, the Court of Appeal has ruled that the consent of the parties is not needed for a court to order them to submit their case to an ENE, or “early neutral evaluation”.

Full post: The Transparency Project

‘Private law children reform: a long and winding road, with Professor Hunter’

Professor Hunter (University of Kent) argues for a fresh look at the bigger picture if we are to get domestic abuse in the family courts right.

Full post: The Transparency Project

Open justice: when is secrecy lawful in family proceedings? – Part 3

Can a family court decide whether a court rule is valid?

Full post: dbfamilylaw

Can a violent husband block a divorce?

This week has seen the headline : Mum whose violent husband was jailed can’t get a divorce – because he says no, appear in the Daily Mirror.

Full post: The Transparency Project

Open justice: when is secrecy lawful in family proceedings? – Part 2

Open justice and Family Procedure Rules 2010.

Full post: dbfamilylaw

Giving birth and the Court of Protection

Guys and St Thomas’ NHS Foundation Trust v X [2019] EWCOP 35.

Full post: The Transparency Project

Change of residence – do we listen to children?

Looking at the case SC v TC [2019] EWHC 1637.

Full post: The Transparency Project

Open justice: when is secrecy lawful in family proceedings? – Part 1

What substantive law (ie common law and statute law) defines the English and Welsh system of open justice? And can any family courts court rule change open justice principles in relation to family proceedings?

Full post: dbfamilylaw