Family Law

Family Law (7 January – 21 January)

Family News ‘Landmark’ overhaul for domestic abuse laws BBC News – 21 January A draft bill overhauling domestic abuse laws will be going before MPs. Proposed changes include banning abusers from cross-examining victims and recognise economic abuse and control as a form of domestic abuse. Victims giving evidence at criminal trials will now automatically be. Read more

Bloomsbury Family Law Briefing: January Teaser

Top cases Re A & B (care orders and placement orders – failures) [2018] EWFC 72 (30 November 2018), Keehan J – placement order children not adopted: Art 8 rights infringed seriously and IRO role ‘woefully’ inadequately performed. Re M (A Child) (Secure Accommodation) [2018] EWCA Civ 2707 (6 December 2018) – a secure accommodation. Read more

Rules to be ‘simple and simply expressed’

A judicial review pre-action protocol letter for children proceedings This is a fictional judicial review pre-action protocol letter by the solicitor of a child, Clara, aged almost 13-years-old. Clara wants to be involved her parent’s Children Act 1989 (CA 1989), s 8 proceedings. The solicitor has assessed her as having sufficient understanding (CA 1989, s. Read more

Family Law (3 December – 17 December)

Family News Extra SEND funding insufficient, warn children’s services leaders Cypnow – 17 December Damian Hinds, the Education Secretary, has announced that £250 million of addition funds will be given to councils to help fund SEND support. However, children’s services leaders have claimed the funds will not be enough to avert the current ‘schools cash. Read more

Bloomsbury Family Law Briefing: December Teaser

Child rights in private law Children Act 1989 proceedings A child’s views (according to his or her understanding) must be heard in proceedings which concern the child. The Children Act 1989, a UN Convention and a EU Charter all agree on that. But what are the law and the court procedure for such views to. Read more

Family Law (19 November – 3 December)

Family News The Child Maintenance and Other Payments Act 2008 (Commencement No.16) Order 2018 Family Lore – 29 November The Child Maintenance and Other Payments Act 2008 (Commencement No.16) Order 2018 brings into force s 27 of the Child Maintenance and Other Payments Act 2008, inserting new ss 39B to 39G into the Child Support. Read more

Appeals in family proceedings: the rules diverge

Work out which court: spot the differences in procedure… Rule-makers often make things needlessly difficult for parties to family proceedings. Appeals from decisions in family courts, the different appellate courts involved and the divergent procedures for getting there are an example. First, would be appellants in family cases have the worry of working out which. Read more

ALC Conference 2018: “Crisis; What Crisis?” Key Note Address

It is always a pleasure to attend an ALC Conference. The ALC is, for me, a gathering of professional friends and colleagues, and to walk into this room feels very much like ‘coming home’. I recall addressing what was, I believe, the 2nd ALC Conference in September 1991 at Keele University less than a month. Read more

Family Law (5 November – 19 November)

Family News Private Members’ Bill aims to improve Child Maintenance Service Marilyn Stowe Blog – 15 November A private member’s bill, Child Maintenance (Assessment of Parents’ Income) Bill 2017-19 has had its first reading in the House of Commons. The proposed bill aims to improve child maintenance service by targeting ‘non-resident parents (‘NRP’s) who seek. Read more

Bloomsbury Family Law Briefing: November Teaser

Family courts and public bodies as non-parties How can the family courts deal with public bodies as non-parties which will not assist with the process of child protection in care proceedings? As a coda to particular care proceedings, Re H (Children) [2018] EWFC 61, Sir James Munby P (following his retirement as President of the. Read more

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