The Impact of the Human Rights Act on Public Law Children Act proceedings: An overview of the first decade

Deirdre Fottrell, Barrister, of Coram Chambers and Lecturer in Law at the Human Rights Centre, University of Essex, reviews the impact of the Human Rights Act in the field of Public Law Children Act proceedings.

Full article: Family Law Week

Practising for the Future

The overriding "first to issue" rule of Brussels II and the importance placed by some other jurisdictions worldwide who and where the divorce proceedings started, and the potential ramifications of getting that wrong, means that practising in international family law brings additional pressures over and above the already significant stresses and strains experienced by the domestic family law practitioner.

Full article: Family Law

“CAFCASS, are you keeping something from me, darling?"

Byron James, Barrister, of 14 Gray’s Inn Square considers the misunderstanding of CAFCASS's procedures, explained by the President in G v B [2010] EWHC 263.

Full article: Family Law Week

Cohabitation Law Quarterly Update: Winter 2010

John Wilson of One Hare Court’s review of law and procedure in Cohabitation Claims: winter 2010.

Full article: Family Law Week

Children: Public Law Update (December 2010)

John Tughan of 4 Paper Buildings reviews the key decisions in Children Public Law over recent months.

Full article: Family Law Week

Winter Finance and Divorce Update (December 2010)

Edward Heaton, senior solicitor, Mills & Reeve LLP analyses the latest matrimonial finance cases.

Full article: Family Law Week

EU Justice Ministers approve European divorce enhanced cooperation

On Friday 4 December 2010, the EU Justice Ministers approved a draft EU Council Regulation about which country's laws should be applied on divorce and legal separation, the so-called applicable law regimes.

Full article: Family Law

Reporting Ancillary Relief Proceedings: An Update

Adam Wolanski, barrister, of 5RB reviews recent judgments, including Lykiardopulo, concerning the imposition of reporting restrictions in ancillary relief proceedings.

Full article: Family Law Week

Welfare first - intractable cases and the Family Justice Review

When I was considering the case of L-W (Children) [2010] EWCA Civ 1253, I did not have the benefit of Coleridge J's speech to the ALC on 26 November. I agree wholeheartedly with him.

Full article: Family Law

Contact with Siblings – Re H

Leanne Barton, solicitor with Watson Esam Solicitors, and Jessica Pemberton, barrister, of Paradise Chambers consider the significance of sibling relationships in the light of Re H [2010] EWCA Civ 1200.

Full article: Family Law Week

Children: Private Law Update (November 2010)

Alex Verdan QC of 4 Paper Buildings reviews important recent developments relating to private children law.

Full article: Family Law Week

Hong Kong follows White equality

Reliable reports indicate that Hong Kong's highest court, the Court of Final Appeal, has just directed that divorced couples must share their assets equally.

Full article: Family Law

Hair Strand Testing for Alcohol: Hair today, gone tomorrow?

Henry Lamb of 14 Gray's Inn Square summarises the findings of Moylan J in LB of Richmond v B (the 'hair test' case).

Full article: Family Law Week

Re L-W

When I read this judgment given by Munby LJ a big part of me wanted to say (at the risk of sounding simplistic and old fashioned) whatever happened to children doing as they are told?

Full article: Family Law

Anton Pillering in the clouds

How do you carry out a search and find (Anton Piller) order when the documentation to be discovered and the purpose of the search, especially electronic information, is held not at the premises being searched but elsewhere, perhaps on a server in another continent?

Full article: Family Law

Welcome to Parenthood

The headlines (even in the ‘quality' press) say it all -‘Lesbian mother and gay father in court...' - and it's over the children.

Full article: Family Law

Pre-nups – now worth the paper they're written on

The long-awaited decision of the Supreme Court in Radmacher (formerly Granatino) v Granatino [2010] UKSC 42 is a significant step in the recognition of pre- and post-nuptial agreements.

Full article: Law Society Gazette

'What is Marriage? What should it be?'

The text of Mr Justice Mostyn's speech to the All Party Parliamentary Group on Family Law.

Full article: Family Law Week

Mediation is not only solution to justice budget deficit

The impact parental separation has on children, particularly in relation to their emotional, educational and social development, depends very much on the extent of any conflict that exists between the adults involved.

Full article: Family Law

Local Authorities' Duties to Children Leaving Care

David Bedingfield of 4 Paper Buildings considers the duty of local authorities to accommodate former looked-after children in the wake of R (SO) v London Borough of Barking and Dagenham.

Full article: Family Law Week

What is the future for adoption?

Adoption rates are falling and courts are favouring alternatives such as special guardianship orders. Camilla Pemberton asks why this is happening and whether the situation can improve.

Full article: Community Care

The Greek Divorce

This week's blog focuses on the requirements of the Greek Orthodox Church when a couple have obtained an English decree of divorce.

Full article: Family Law

In Pursuit of a ‘Clean Break’ – When is Enough Simply Not Enough?

This article addresses the issue of 'clean break' in light of the recent decision of Charles J in D v D [2010] EWHC 138 (Fam).

Full article: Family Law Week

Mother Squared = 1: Defining parenthood under Schedule 1

Byron James examines the judgment of Moylan J in T v B [2010] EWHC 1444.

Full article: Family Law Week

The fairness of Radmacher

In White and then Miller; McFarlane the House of Lords told us that a fair division of income and capital was the imperative; there was no place for gender discrimination in matrimonial finance; and need, compensation and/or sharing were the three rationales for making an order.

Full article: Family Law

Mind the Gap: The inherent jurisdiction and common sense to the rescue

In the current climate of anxiety about the impact of financial cuts, I was heartened to read the judgment of the President in A Local Authority v DL [2010] EWHC 2675 (fam) given on 25 October 2010.

Full article: Family Law

Radmacher judgment will boost demand for pre-nups – but issues remain

Publicity surrounding the Supreme Court’s judgment in Radmacher (rather than the outcome of the case) is likely to be the single most important factor in increasing demand for pre-marital agreements.

Full article: Law Society Gazette

The Development of the Law in Cohabitation Cases Since Stack v Dowden

John Wilson barrister, 1 Hare Court’s detailed review of the Development of the Case law in Cohabitation Claims since Stack v Dowden.

Full article: Family Law Week

The Importance of Pathway Plans and Local Authorities’ Duties to Care Leavers

Oliver Studdert, Partner at Maxwell Gillott Solicitors, considers the obligations upon local authorities to children leaving their care.

Full article: Family Law Week

Conscientious objections: the Dissent of Woman

Fed up of Radmacher yet? This paragraph of Lady Hale's dissenting judgment re-ignited my interest.

Full article: Family Law

Antonia Mee from Withers on the Law Commission's review following Radmacher

The Supreme Court has sent a clear message in its majority decision in Radmacher v Granatino that the judiciary supports law reform in the area of nuptial agreements (both pre nuptial and post nuptial).

Full article: Family Law

Radmacher v Granatino [2010] UKSC 42

Case summary by Hayley Trim, Family Law PSL at Jordan Publishing and formerly a family solicitor practising in London.

Full article: Family Law

Marital agreements after Radmacher for international families

The Supreme Court decision in Radmacher on 20 October 2010 was always going to have significant impact in the international family community. And so it has proven.

Full article: Family Law

Improperly obtained documents in divorce proceedings

In light of the Court of Appeal’s ­decision in Tchenguiz v Imerman; Imerman v Imerman [2010] EWCA Civ 908, all family lawyers are obliged to reconsider the advice given to clients in respect of ­improperly obtained documents.

Full article: Law Society Gazette

Leaning one way

Were gender politics at play in the decision handed down by the Supreme Court in the Radmacher divorce case?

Full article: The Lawyer

Radmacher v Granatino: Preliminary Thoughts on the Decision of the Supreme Court

James Turner QC of 1 King’s Bench Walk provides his initial thoughts on the Supreme Court’s decision in Radmacher v Granatino.

Full article: Family Law Week

Radmachered...

This morning the Radmacher case decision was announced. It is essentially a decision about whether prenuptial agreements mean anything under English Law, and whether they can be enforced. They do and they can, basically.

Full article: Family Law

Radmacher - Fettering but not ousting

Radmacher v Granatino is the latest confirmation that the legal regulation of the family has become a matter for the Judiciary and not Parliament.

Full article: Family Law

Toothless?

Entering a Sears Tooth Deed with a client assigning such proportion of the ultimate award as covers the outstanding legal fees is not an ideal situation.

Full article: Family Law

Radmacher awaited

With the Supreme Court decision in the major premarital agreement case of Radmacher expected within the next month, what should practitioners be looking out for, especially in respect of international elements?

Full article: Family Law

Autumn Finance and Divorce Update

Joanna Grandfield, barrister with Mills & Reeve, analyses the latest key ancillary relief cases.

Full article: Family Law Week

Part III and the second bite of the Lychee

How much should the family courts of one country interfere with the final decisions of the courts of another country when there has been jurisdiction, proper investigation, disclosure, good legal representation and unbiased adjudication?

Full article: Family Law

Do We Really Need To Know Any Law? The relevance of civil law and procedure in ancillary relief

Alexander Chandler, barrister at 1 Garden Court considers the relevance of civil law and procedure in ancillary relief.

Full article: Family Law Week

K v B – the blurring of the lines

The mixing of money and children is a taboo for family lawyers which it is sometimes hard for the client to grasp.

Full article: Family Law

Interview with Baroness Deech: Part I

In the first of a two part interview, Baroness Deech discussed her views on cohabitation when she spoke to Hugh Logue in a personal capacity at her home in Oxford.

Full article: Family Law

This Form (A) is not for serving

In many international cases, it is customary to arrange for personal service of the divorce petition and accompanying originating documents, rather than relying on conventional service from the court.

Full article: Family Law

The Court of Protection - continuing complaints

Moira Sofaer of 1 Mitre Court Buildings considers recent developments concerning the Court of Protection.

Full article: Family Law Week

Warfare vs Child “Care”

The headlines have been awash with quotes from Lord Justice Wall's speech to Families Need Fathers delivered on Sunday 19 September 2010.

Full article: Family Law

Japanese family law

Leading Japanese family lawyer, Mikiko Otani has helpfully and forthrightly written on child abduction in Japan for the September 2010 edition of Jordans International Family Law journal.

Full article: Family Law

It’s only words…

This week I found myself going round in circles on what seemed to be a very simple issue - can the court make a contact order without making a residence order?

Full article: Family Law

How Facebook ruined my life

Byron James of 14 Gray’s Inn Square considers the perils and opportunities that Facebook presents in the field of Family Law.

Full article: Family Law Week

Irish cohabitation reforms

Leading Irish family lawyer, Jennifer O'Brien, of Mason Hayes+Curran has helpfully prepared a briefing paper on the changes in the Republic of Ireland in the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 expected to come into force early 2011.

Full article: Family Law

The Revised PLO: A Long Road Ahead

Christina Blacklaws, founding partner of Blacklaws Davis LLP, and Karina Lickorish Quinn legal assistant at Blacklaws Davis, explain the changes introduced by the Revised Public Law Outline and consider their effectiveness in overcoming the pre-existing problems in care and supervision proceedings.

Full article: Family Law Week

Conventional Impediments in Part III Claims

The Supreme Court decision in Agbaje v Agbaje [2010] UKSC 13 highlighted the increased potential for bringing a claim for financial relief following a foreign divorce under Part III Matrimonial and Family Proceedings Act 1984, and this was further reinforced by the comments of the Court of Appeal in Golubovich v Golubovich [2010] EWHC 1754 (fam).

Full article: Family Law

Married, Single or Other? Recognition of foreign marriages

The recent Court of Appeal case of Gulubovich (2010) EWCA 810 has refocused attention on the public policy element in the recognition of foreign marriages and divorces.

Full article: Family Law

HFEA Consultation

On 23 August the Human Fertilisation & Embryology Authority issued a statement inviting expressions of interest on how to tackle the shortage of sperm and eggs donated for IVF treatment in the UK.

Full article: Family Law

Accessing CAMHS for children in care proceedings - a guide for family law professionals

Dr Matt Woolgar, a clinical psychologist at the South London and Maudsley NHS Foundation Trust's National CAMHS Adoption and Fostering Service, reviews requests by family law practitioners for therapeutic assessments, and advises on the way the legal and clinical professions can work harmoniously for the benefit of children and adolescent clients.

Full article: Family Law Week

Legal Aid cuts to the heart of international family law justice

The latest cuts in legal aid, public funding, in England comes on top of dramatic changes announced in 2009. The consequence is to reduce drastically the availability of specialist solicitors able and willing to help members of the public, in England and abroad, needing legal representation in English family law proceedings.

Full article: Family Law

Access to justice

The Ministry of Justice has committed to reducing its annual expenditure from £9B to £7B. It won't escape the attention of most readers that the difference is identical to the amount of the annual Legal Aid budget.

Full article: Family Law

The battle against alienation

What is the right approach to rebuilding the relationship between a parent and an alienated child?

Full article: Family Law

Imerman – No Reprieve for Hildebrand

Ashley Murray examines the Hildebrand Rules in the wake of Imerman v Imerman.

Full article: Family Law Week

David Hodson on International Family Law: The London Conclusions and Resolutions

Between 30 June and 2 July 2010 over 150 specialists met in London at the Centre for Family Law and Practice, London Metropolitan University, to discuss the three conference themes of International Child Abduction, Relocation and Forced Marriage.

Full article: Family Law

The LSC tendering disaster: A false economy

The headline on the front page of the Law Society Gazette said it all. "Family Law ‘decimated' by LSC tender" (29 July 2010).

Full article: Family Law

Family Affairs interview with Sir Nicholas Wall

Full interview first published in FLBA's [2010] Family Affairs 49, summer edn.

Full article: Family Law

Children: Public Law Update (August 2010)

John Tughan, of 4 Paper Buildings, reviews the key decisions in children public law over the past few months.

Full article: Family Law Week

Marilyn Stowe: We must help the grandparents hit by divorce

After more than 25 years in family law, I am not easily shocked. However the plight of many grandparents, within a legal system that downgrades their contribution to family life and denies them automatic rights of contact with their grandchildren, has never ceased to disturb me.

Full article: Yorkshire Post

Swiss clockmakers fail to tell the time: ECHR allows abduction after many delays

There is much controversy across the child abduction world, between Europe and non-European countries, following a decision of the Grand Chamber of the European Court of Human Rights (ECHR) in Neulinger & Shuruk v. Switzerland (Application no. 41615/07) handed down on 6 July 2010.

Full article: Family Law

Children: Private Law Update (August 2010)

Alex Verdan QC of 4 Paper Buildings reviews important recent developments relating to private children law.

Full article: Family Law

What do we do now?

Hayley Trim's Analysis of Imerman.

Full article: Family Law

London: the divorce cheat's capital of the world?

London has been described as the "divorce capital of the world", including by Lord Justice Thorpe in Charman [2007], our most senior international family court judge.

Full article: Family Law

Making black and white from a palette of shades of grey: the binary nature of fact finding hearings after AA v NA & Ors

Byron James considers the implications of Mostyn J's approach to fact finding.

Full article: Family Law Week

A right to privacy or a cheat's charter?

In 177 carefully crafted paragraphs the Court of Appeal yesterday rewrote the rules of engagement in matrimonial finance cases.

Full article: Family Law

Tchenguiz v Imerman; Imerman v Imerman [2010] EWCA Civ 908

Interlocutory appeal and cross-appeal in ancillary relief proceedings relating to Hildebrand rules. Order upheld that W deliver obtained files to H's solicitors (and retain no copies) and that W and her solicitors be restrained, at least for the time being, from using any information they might have gained from reading the files.

Full article: Family Law Week

The Imerman Effect - A Cheat's Charter?

The Court of Appeal this morning delivered judgment in the long awaited case of Tchenguiz and Others v Imerman [2010] EWCA Civ 908.

Full article: Family Law

From Russia with a forged divorce: Part II

In last week's comment, I referred to the remarks by LJ Thorpe in the Court of Appeal in Golubovich [2010] EWCA 180, a jurisdiction dispute involving a wealthy Russian family.

Full article: Family Law

Pre-pay and top-up - a wider Schedule 1 jurisdiction?

Charles J recently gave judgment in CF v KM [2010] EWHC 1754 (fam).

Full article: Family Law

Equal time or quality time?

Last week Bill Binley, the Conservative MP for Northampton South tabled his private member's "Shared Parenting Bill".

Full article: Family Law

Surveillance and Child Protection: De-mystifying the Trojan Horse

The Trojan Horse theory of Child Protection, as this scholarship may broadly be termed, alleges the misuse of Child Protection powers for ulterior motives.

Full article: Surveillance & Society

From Russia with a forged divorce

The controversial comments made by LJ Thorpe last Tuesday in the Court of Appeal in Golubovich [2010] EWCA 180 raise many issues, on some of which there is comment this week with some of the bigger policy issues dealt with next week.

Full article: Family Law

Relocation of Children - Part 2

In the second part of her two-part review of relocation law, Clare Renton of 29 Bedford Row looks at the practicalities of relocation cases, both international and domestic.

Full article: Family Law Week

Cutting the cost of family lawyers: I get knocked down but I get up again...

Due to the coalition government's emergency budget and swingeing public sector cuts looming on the horizon, I cannot open a newspaper these days without reading about the impending double dip recession.

Full article: Family Law

Golubovich v Golubovich

Delivering the lead judgment on Tuesday in Golubovich v Golubovich [2010] EWCA Civ 810, Lord Justice Thorpe concluded with a withering assault on "the rich who fight to establish priority" between competing jurisdictions to try their divorces.

Full article: Family Law

Barder appeals – recent developments

There has recently been a series of Barder appeals, all based upon a significant change in the value of an asset soon after the final order was made.

Full article: Law Society Gazette

Things to worry about...

I see that there has been a dramatic increase in forced marriages - among men.

Full article: Family Law

The international pensions black hole

The Supreme Court decision in Agbaje (2010) UKSC 13 created excellent fairness and justice opportunities for international families to seek some financial provision here after inadequate provision from a foreign divorce.

Full article: Family Law

International Relocation of Children

In the first part of a two-part review of relocation law, Clare Renton of 29 Bedford Row looks at recent developments, including the decision of Mostyn J in Re AR.

Full article: Family Law Week

Misconceptions, mistrust and missed opportunities

In Independent News & Media v A the Court of Appeal gave permission for the media to attend Court of Protection proceedings relating to a talented disabled musician, whose biography was already in the public domain.

Full article: Family Law

Legal Update: Adoption cases

Ed Mitchell examines recent court cases concerning adoption, including an important ruling on the date of placement and the courts' view of publicity.

Full article: Community Care

English conference leads the way for international children

Last week the Centre for Family Law and Practice, London Metropolitan University held perhaps the most important international family law conference ever to take place in England.

Full article: Family Law

International Children Law Update - July 2010

In the first of a regular series Jacqueline Renton of 4 Paper Buildings reviews the latest key developments in international children law.

Full article: Family Law Week

Family Justice under the microscope

So, it has begun. The long trailed Family Law Review was announced on Wednesday with a "call for evidence" launched by the Review Panel.

Full article: Family Law

Payneful Decisions

There has been considerable debate concerning leave to remove (LTR) cases following the comments made by Lord Justice Wall and Mr Justice Mostyn in Re D (Children) [2010] EWCA Civ 50 and Re AR (A Child: Relocation) [2010] EWHC 1346 (Fam) respectively.

Full article: Family Law

Shackled by the need to file a marriage certificate

In the Brussels II race to issue, English solicitors are often first to the chequered flag.

Full article: Family Law

Relocation? Relocation? Relocation?

Writing in these pages on 14 June David Hodson drew attention to the Washington Declaration on International Family Relocation.

Full article: Family Law

Paying for Natural Parenthood

On 16 June 2010 at the Children Law and Practice Conference, Madeleine Reardon spoke about the meaning and significance of "natural parenthood". Coincidentally, the same day Moylan J gave judgment in the case of T v B 2010 EWHC 1444 (Fam) as to whether the applicant mother's former lesbian partner was a "parent" for the purposes of a financial application under Schedule 1 Children Act 1989.

Full article: Family Law

Who's your daddy?

DNA tests are available for fathers who believe they may be victims of paternity fraud, but should practitioners always advise clients to get tested before making any financial arrangements?

Full article: Solicitors Journal

Family Law Week's Budget Briefing

Changes to CGT and VAT impact on family lawyers.

Full article: Family Law Week

Pleading the Fifth Amendment – the privilege against self-incrimination

Sarah Lucy Cooper of Thomas More Chambers considers whether parties to family proceedings do have to answer every question or produce every requested document.

Full article: Family Law Week

Let the vuvuzelas sound: domestic abuse must be condemned

"... unlike England, South Africa is one of a number of discretionary based family law jurisdictions which in appropriate cases condemns domestic abuse in the actual outcomes on divorce finance."

Full article: Family Law

Voice of the child, publicity and child witnesses

During the last 5 years increasing importance has been attached to hearing the voice of the child in family law proceedings.

Full article: Family Law

Suffer any wrong that can be done you rather than come here!

No litigation is cheap, certainly not litigation concerning matrimonial finance.

Full article: Family Law

Relocation! Relocation! Relocation!

"...whereas child abduction has at least two major international conventions supported by governments of over 70 countries with relatively harmonised law and approach, child relocation has no uniformity of approach, of law and of international convention. Until now."

Full article: Family Law

Beyond Radmacher

While we (still) wait for the judgment of the Supreme Court in Radmacher v Granatino Lord Justice Thorpe's thought-provoking Keynote Speech to the Jordans Family Property and Finance Conference on 9 June serves as a timely reminder of the wider issues of international and particularly European family law facing us.

Full article: Family Law

Children, Schools and Families Act 2010

Part II of this Act contains provisions enabling wider the reporting of family proceedings, within a scheme which is consistent for all levels of court rather than differing according to the court hearing the proceedings as at present.

Full article: Family Law

The Importance of Non-Legal Skills in Private Law Disputes Relating to Children: A Mediator's Perspective

Lisa Parkinson, a family mediator and trainer, responds to a recent article by Richard Gregorian and Gavin Emerson concerning the need for psychological insight when working with separating or divorcing parents.

Full article: Family Law Week

A tale of two Presidents

Sir Mark Potter's five year tenure as President of the Family Division was far from uneventful. During a period that saw intense interest in the workings of the Family Justice System, despite (or perhaps because of) his background as a commercial practitioner and judge, history will show that his tenure was a success.

Full article: Family Law

Family law reform required

Reading through the press, two recent headlines immediately grabbed my attention.

Full article: Family Law

Enhanced cooperation on EU divorces receives green light

On Friday 4 June 2010, the Justice and Home Affairs (JHA) Council of the EU authorised the first "enhanced cooperation" in the history of the European Union.

Full article: Family Law

Kernott v Jones and the search for shared intention:- Stack v Dowden clarified?

Luke Barnes of 3 Dr Johnson's Buildings, examines Kernott v Jones.

Full article: Family Law Week

Surrogacy Arrangements - A Twin Dilemma

Goodman Derrick LLP was instructed by a married couple in connection with an application for Parental Orders in relation to twin girls who had been born in the United States as the result of a surrogacy agreement.

Full article: Mondaq (registration required)

"A spectacle that has no place in an intelligent society"

In the news last week you could not have missed the outcome of the trial at the Old Bailey of the now youngest ever sex offenders in Britain.

Full article: Family Law

United Kingdom: Divorce - TV's Scottish Perspective

Anybody home before 7.30pm yesterday may have caught ITV's Tonight programme on "Divorce: For Richer or Poorer", asking whether England and Wales' divorce laws are fair?

Full article: Mondaq (registration required)

Children: Public Law Update (May 2010)

John Tughan, of 4 Paper Buildings, reviews the key decisions in children public law over the past few months.

Full article: Family Law Week

The Cost of Justice

In my first week as Family Law PSL at Jordans, "cuts" appears to be the media watchword of the minute.

Full article: Family Law

All change?

Last week David Cameron and Nick Clegg announced the coalition's five year programme for government.

Full article: Family Law

Cafcass's role in the spotlight: to advise or to safeguard?

Polarised opinions exist about the core functions of Cafcass. Camilla Pemberton talks to Cafcass chief executive Anthony Douglas and the body's critics about the clash of priorities.

Full article: Community Care

"A very complex area"

Last week there was a very sad story of loss in the papers, which raises again the issue of minors and consent and this whole rather delicate area of who can give consent in medical treatment where children are concerned.

Full article: Family Law

Government needs to further encourage ADR in family justice system

Last week I wrote about the financial constraints which are impeding the operation of the family justice system to the detriment of children and parents.

Full story: Family Law

Unnecessary Cafcass delays

Earlier this week one of my clients received judgment on his wife's application to relocate overseas with their children... The hearing was due to have taken place last November.

Full article: Family Law

The 'second-wife impact' and ancillary relief: Vaughan v Vaughan [2010] EWCA Civ 349

Andrew Commins of St John's Chambers examines the impact of remarriage in ancillary relief cases.

Full article: Family Law Week

Moving abroad: should parents be on an equal footing?

In this increasingly global world, many families relocate but following the breakdown of a marriage the desire of one parent to move abroad can be a cause of an emotional and legal tug of war.

Full article: Mondaq (registration required)

Evolution or revolution?

Following a pilot in Courts in the West Midlands and elsewhere, the Revised Private Law Programme became effective from 1 April 2010.

Full article: Family Law

Single parents? - not again...

What is it about the Sunday papers that often encourages the publication of articles you want to read, yet ideas you want to line the cat litter tray with?

Full article: Family Law Newswatch

Changing Residence – A Judgment of Solomon

Claire Brissenden of Amicus Chambers, considers the balancing act exercised by the court when it considers the change of residence from one parent to another.

Full article: Family Law Week

Interview with David Allison

Family Law Newswatch interviews the Chair of Resolution.

Full article: Family Law Newswatch

Interview with Sir Mark potter

Family Law Newswatch interviews the former President of the Family Division.

Full article: Family Law Newswatch

Ancillary relieved of the lot?

The Commission on European Family Law held its fourth conference at the end of last week - 8 to 10 April in Cambridge - at which English lawyers were well outnumbered by (mainly) European friends in the law, both academic and in practice.

Full article: Family Law Newswatch

Managing a family law practice

If you are managing the family law part of your firm, there are a lot of expectations to manage.

Full article: Family Law Newswatch

Politics, more politics and prenups

Sandra Davis considers the practicalities of prenup legislation.

Full article: Family Law Newswatch

Radmacher - Where Now?

In advance of the much anticipated judgment of the Supreme Court in the Radmacher appeal, Ashley Murray examines the issues that will fall for consideration by the court and offers his view on the use of pre-nuptial agreements and the need for definitive guidance.

Full article: Family Law Week

Children: Private Law Update (April 2010)

Alex Verdan QC, of 4 Paper Buildings, reviews the latest key decisions in private children law.

Full article: Family Law Week

Is there anybody there, still less listening?

To be expected - as we hurtle towards the next election the people doing the governing have disappeared. If they are still around, they have stuck digits in their ears, shouted "lah-lah-lah" at the tops of their voices and ignored deep concerns as press freedom overwhelms concerns about how children might feel about their most personal details being known. The Children, Schools and Families Act 2010 is law.

Full article: Family Law Newswatch

Ancillary Relief update – March 2010

Joanna Grandfield, barrister with Mills & Reeve, analyses the latest key ancillary relief cases.

Full article: Family Law Week

The Value of Independent Social Work Expert Witnesses in Contested Care Proceedings

Peter Dale, John Gumbleton & Colin Luger, all independent social workers, explain the value that their profession brings when appearing as expert witnesses in care proceedings.

Full article: Family Law Week

I'm in the wrong line of business...

The case of the 'revised ancillary relief payment' is in The Times today, Thursday 1 April 2010.

Full article: Family Law Newswatch

Breaking Up Is Hard To Do - Alternative Dispute Resolution In Family Law

Divorce is never painless. But can some of the pain be avoided by making the process less contentious?

Full article: Mondaq (registration required)

Equitable Accounting: A further qualification to Stack v Dowden

John Wilson considers the judgments of Warren J arising from the complex cases of Amin & Amin v Amin and others and Amin v Amin (Supplemental) and examines the issue of equitable accounting and the implications for other cases involving the breakdown of relationships against what was a highly complex commercial background.

Full article: Family Law Week

Agbaje financial provision after a foreign divorce: The Supreme Court restores opportunity for international justice

David Hodson’s article analyses the implications of the recent Supreme Court judgment in Agbaje for cases where a party is seeking financial provision in this jurisdiction in circumstances where a divorce may have been previously pronounced abroad but the applicant feels that no, or no adequate, financial provision had been made by a foreign court.

Full article: Family Law Week

Prenups undermine marriage

If the supreme court backs prenuptual agreements then lawyers will get richer but Britain will be a poorer place, says Rupert Myers.

Full article: The Guardian

Grandparents and their Status in Family Law

Rhiannon Davies, Barrister, of New Walk Chambers reviews recent developments affecting the legal status of grandparents in family proceedings.

Full article: Family Law Week

Resolution national conference: Chairperson's speech

David Allison, Resolution Chair, addresses the 2010 annual conference, discussing in particular Resolution's campaigns for law reform.

Full article: Resolution

Hedge funds investing in big-time divorce

Hedge funds are putting up cash for cases, writes Andrew Meehan, a Senior Solicitor at national law firm Mills & Reeve LLP.

Full article: City A.M.

What have human rights done for family justice?

Resolution national conference keynote address by Mr Justice Andrew Moylan.

Full article: Resolution

Child benefits for separated parents

The benefits entitlement of parents who share childcare after they split up is examined by Gary Vaux who looks at official guidance and a legal ruling.

Full article: Community Care

Maintenance Pending Suit Part II: Costs Allowances

This article follows on from Part I which deals with Maintenance Pending Suit applications generally.

Full article: Family Law Week

Big Divorce Cases Turn Spotlight On Asset Valuation Shifts

Nigel Shepherd of Mills & Reeve discusses recent case law.

Full article: WealthBriefing

Children: Public Law Update (February 2010)

The case of Re S [2009] EWHC 2115 involved the examination of the death of a child. Mrs Justice King’s judgment has recently been published and is of considerable importance in cases involving issues of death, non-accidental head injury and shaken baby syndrome.

Full article: Family Law Week

Re S-B (Children): The Applicability of Re B in ‘Uncertain Perpetrator’ Cases

Alison Grief, of Garden Court Chambers, junior counsel instructed by CAFCASS to intervene in Re B, reviews the recent Supreme Court judgment in Re S-B. She highlights the essential points of the judgment and sets them into the context of previous decisions.

Full article: Family Law Week

Maintenance Pending Suit Part I: A User’s Guide

In the first of a two part article on maintenance pending suit (MPS), Alexander Chandler of 1 Garden Court Chambers deals with when, why and how an application for maintenance pending suit should be made. The second part of the article, dealing with costs allowances within MPS will be published by Family Law Week in the near future.

Full article: Family Law Week

Take us somewhere new: Family Law Act 1996 Part IV applications in 2010 and beyond

Byron James considers current judicial attitudes to drafting injunctions under the Family Law Act 1996 Part IV and suggests an alternative approach designed to tailor the relief to the perceived threat.

Full article: Family Law Week

Family Secrets: Is it time for CAFCASS to start listening?

The Family Court Welfare Worker’s Union Napo today said that CAFCASS is in meltdown.

Full article: The Comment Factory

Hearing children’s cases in private is crucial to justice

Alistair MacDonald of St Philips Chambers, Birmingham, discusses the new Children, Schools and Families Bill.

Full article: Law Society Gazette

The Importance of Non-Legal Skills in Private Law Disputes Relating to Children, Including International Relocation ("Leave to Remove") Cases

Richard Gregorian, Principal of Gregorian Emerson Family Law Solicitors, and Gavin Emerson, Brief Strategic Therapist, considers how family lawyers and psychology professionals can work together to the benefit of their clients.

Full article: Family Law Week

Parenting the parental desire?

Penny Booth, an Honorary Research Fellow at Liverpool University Centre for the Study of the Child, the Family and the Law, considers the issue of age limits on fertility treatment.

Full article: Family Law Newswatch

Caught in the Middle: Children Involved In Both Family and Immigration Proceedings

Alice Clark-Platts considers the relationship between family and immigration proceedings involving children born to parents of mixed nationality, one of whom may be unlawfully present in the United Kingdom.

Full article: Family Law Week

Fact Finding on Domestic Violence in Private Law, Children Cases: Preventing Delay - A Suggestion

Anne-Marie Hutchinson OBE of Dawson Cornwell and Jacqueline Renton of 4 Paper Buildings consider problems arising from fact finding where domestic violence is alleged in private law children cases, and suggest measures to reduce delays.

Full article: Family Law Week

Councils' duties to children in care are many and diverse

Ed Mitchell examines the latest decisions on local authorities' responsibilities towards looked-after children, particularly those who arrived seeking asylum

Full article: Community Care

Ancillary Relief Update (January 2010)

Joanna Grandfield, barrister with Mills & Reeve, analyses the latest key ancillary relief cases.

Full article: Family Law Week

Retirement ages - Armed Forces Pension Schemes; implications for divorcing couples

Most lawyers are aware that uniformed service pensions have issues and that it is best to seek professional advice when dealing with them. This article looks some features of the Armed Forces pension schemes that confirm the need for caution.

Full article: The Ancillary Actuary

Assuring Quality in the Independent Reviewing Service for Looked After Children

Liz Gosling and Alison Williams, qualified social workers, consider the status of the independent reviewing officer and propose a framework to provide a truly independent and quality assured service.

Full article: Family Law Week

Children: Private Law Update (December 2009)

Alex Verdan QC, of 4 Paper Buildings, reviews the latest key decisions in private children law.

Full article: Family Law Week