The New Child Maintenance Regime - A Pocket Guide

James Finch from 29 Bedford Row provides a practical guide to the new "gross income scheme" for child maintenance which, from 25 November 2013, applies to all new child maintenance applications.

Full article: Family Law Hub

The Court of Protection and declarations of capacity

When should the Court of Protection decline to make a declaration as to capacity? The CoP team at 39 Essex Street report on an important ruling.

Full article: Local Government Lawyer

Relief from Sanctions after Mitchell and Durrant

"The issue of relief from sanctions goes wider than that of costs budgeting (Mitchell MP v News Group Newspapers Ltd [2013] EWCA Civ 1537)." Says David Burrows.

Full article: Family Law

Children: Private Law Update (December 2013)

Alex Verdan QC of 4 Paper Buildings considers a wide range of children private law issues which have recently come before the courts.

Full article: Family Law Week

No conflicts please; we are English and we are regulated

"Recent guidance from the English solicitors' regulatory authority has caused a review of practice on issues of conflicts of interest which may be particularly pertinent in international cases." Says David Hodson.

Full article: Family Law

Local Authority Focus - December 2013

Sally Gore, barrister of 14 Gray’s Inn Square, in the first of a series of updates for children lawyers and professionals, considers recent developments affecting the decision-making and procedures of local authority children’s services.

Full article: Family Law Week

Finance and Divorce December 2013 Update

Jessica Craigs, senior solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in November.

Full article: Family Law Week

Appeal against Refusal of a Consent Order

Can a consent order applicant (or indeed one or both parties) appeal against a district judge's refusal to seal a consent order? Asks David Burrows.

Full article: Family Law

Financial Agreements: a ‘Concluded Agreement’ Test?

David Burrows looks at autonomy after Radmacher.

Full article: Family Law

Young v Young - An Analysis of the Judgment

Thomas Dudley, barrister, of 1 Garden Court Chambers provides a detailed guide to 'as complicated a financial remedies case as has been dealt with by the courts'.

Full article: Family Law Week

Legal adventures in New Zealand: litigation lessons from the Kiwis

Byron James, barrister, 14 Grays Inn Square recounts some of his experiences of the New Zealand legal system.

Full article: Family Law Week

Samantha Bangham’s Week in Cases 29 November 2013

Samantha Bangham looks at the week's case highlights.

Full article: Family Law

Family: applications for freezing orders

"The comprehensive judgment of Mr Justice Mostyn in UL v BK (Freezing Orders: Safeguards: Standard Examples) [2013] EWHC 1735 (Fam) is absolutely essential reading for any practitioner specialising in financial remedy applications."

Full article: Law Society Gazette

Thoughts on Case Management and Control of Evidence after Young and on the Threshold of the New Family Court

"Can the court's criticism of Mrs Young's costs be placed at its door, rather than hers?" Asks David Burrows.

Full article: Family Law

Samantha Bangham’s Week in Cases 22 November 2013

Samantha Bangham looks at the week's case highlights.

Full article: Family Law

Young v Young: The Outcome

Philip Cayford QC and Anthony Geadah, both of 29 Bedford Row, consider the outcome of the Young saga and identify some of the legal issues highlighted by Mr Justice Moor in his judgment.

Full article: Family Law Hub

Are the Alarms Bell Ringing? Identifying a potential Hague Convention case and responding appropriately

Mandeep Gill, associate solicitor with The International Family Law Group LLP, considers the recent cautionary reminder given by Mr Justice Bodey that all practitioners must be able to identify whether there are potential Hague Convention implications in any children case with an international element.

Full article: Family Law Week

Inheritance Act Claims – Delay at your Peril

“Nicola Phillipson, Zenith Chambers, examines the case of Berger v Berger where the Court of Appeal refused permission to the appellant to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 almost six years out of time.”

Full article: Zenith Chambers (PDF)

W v Neath Port Talbot – Courts, Local Authorities and a Mexican Stand-off

Andrew Pack, care lawyer with Brighton and Hove City Council, considers the options for local authorities in the wake of the Court of Appeal’s landmark judgment in W (A Child) v Neath Port Talbot County Borough Council [2013] EWCA Civ 1227.

Full article: Family Law Week

Minors subject to immigration control

A series of articles for family lawyers about how to get the best for clients who are minors subject to immigration control.

Full articles: Family Law

Children need contact centres

Child contact centres are a lifeline for families and must be put on a statutory footing, says Emma Hopkins.

Full article: Law Society Gazette

Opening up the Family courts: Transparency in the Family court and the Court of Protection

Speech by the President of the Family Division and President of the Court of Protection at the Annual Conference of the Society of Editors 'Freedom to Inform', London 11th November 2013.

Full speech: Judiciary of England and Wales (PDF)

Finance and Divorce November 2013 Update

Jessica Craigs, senior solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in October.

Full article: Family Law Week

F v. F: latest developments in children and consent to medical treatment

This was the father’s application for a declaration and a specific issue order for his daughters to have the MMR vaccine.

Full article: The Barristers’ Hub

Samantha Bangham’s Week in Cases 1 November 2013

Samantha Bangham looks at the week's case highlights.

Full article: Family Law

Therapeutic Provision for Parents in Care Proceedings – who should be footing the bill?

Matthew Burman, barrister of St Albans Chambers explores the respective legal duties of the NHS and local authorities in securing the provision of psychotherapy for parents in care proceedings.

Full article: Family Law Week

Law, morality and religion in the family courts

Keynote address given by Sir James Munby, President of the Family Division at the Law Society’s Family Law Annual Conference ‘The sacred and the secular: religion, culture and the family courts’.

Full article: Judiciary of England and Wales (PDF)

View from the President's Chambers 7

The process of reform: changing cultures.

Full article: Judiciary of England and Wales (PDF)

Children: Public Law Update (October 2013)

John Tughan, barrister, of 4 Paper Buildings reviews important recent cases of which all public law practitioners ought to be aware.

Full article: Family Law Week

Samantha Bangham’s Week in Cases 25 October 2013

Samantha Bangham looks at the week's case highlights.

Full article: Family Law

Mittal v. Mittal: English Family Courts Still Open for Business in the Wider World

Tim Amos QC and Duncan Brooks of Queen Elizabeth Building, counsel for the respondent, consider the issues and implications of the Court of Appeal's important judgment in Mittal v Mittal.

Full article: Family Law Week

Alcohol Testing - What are the options?

Julie Stather, barrister, of 42 Bedford Row and Farooq Ahmed, barrister, of 7 Bedford Row consider the advantages and disadvantages of the various methods available for alcohol testing.

Full article: Family Law Week

The Solicitor’s Charge and Sears Tooth

The purpose of this note is to ask whether, in the light of the solicitors' statutory charge (Solicitors Act 1974, s 73(1)), there is ever any need for clients to sign a ‘Sears Tooth' agreement; or, as it is termed in Matrimonial Causes Act 1973, s 22ZA(4)(b) ‘a charge over any assets recovered in the proceedings'.

Full article: Family Law

The Court of Appeal upholds English discretionary forum against Owusu

After much controversy and debate about whether Owusu applied to divorce and related family law proceedings, the Court of Appeal has firmly said that it does not.

Full article: Family Law

Samantha Bangham’s Week in Cases 18 October 2013

Samantha Bangham looks at the week's case highlights.

Full article: Family Law

What’s holding back family mediation?

Changes must be made so that more lawyer referrals lead to mediation for disputing couples.

Full article: Law Society Gazette

‘Nothing else will do' - why the ‘last resort' won't necessarily be the last word ...

Following the decision of the Supreme Court in Re B (Care Proceedings: Appeal) [2013] UKSC 33, [2013] 2 FLR (forthcoming) particularly the judgment of Baroness Hale in relation to proportionality and the Court of Appeal in Re B-S (Adoption: Application of s 47(5)) [2013] EWCA Civ 1146, [2014] 1 FLR (forthcoming) the phrase 'nothing else will do' will be one which peppers documents, questions, submissions and judgments in any case involving placement orders or permanent separation from a parent.

Full article: Family Law

Samantha Bangham’s Week in Cases 11 October 2013

Samantha Bangham looks at the week's case highlights.

Full article: Family Law

Judicial Window Dressing and Balance Sheets – Where is adoption post-Re B-S?

Andrew Pack, care lawyer with Brighton & Hove City Council, considers the effect on adoption of the Court of Appeal’s landmark judgment in Re B-S.

Full article: Family Law Week

Stuart Clark on International Family Law: Owusu in the Court of Appeal (An Update)

We reported last month that the question of how the ECJ decision in Owusu relates to family law, especially divorce, was due to be heard by the Court of Appeal. It has previously only been considered at High Court level. This note is intended by way of update.

Full article: Family Law

The Gatekeeping and Allocation – Care Proceedings Pilot: Evaluation by Manchester Metropolitan University

A summary of the evaluation of the Greater Manchester Gatekeeping and Allocation Pilot, which ran between April 2012 and July 2013.

Full article: Family Law

Serious case reviews feed the blame culture

The reviews describe rather than analyse what happened, and so the outcomes are of limited value, says Ray Jones, professor of social work at Kingston University and St George's, University of London.

Full article: The Guardian

Samantha Bangham’s Week in Cases 4th October 2013

Samantha Bangham looks at the week's case highlights.

Full article: Family Law

There’s a Ghost in the Matrimonial Home and it’s not the Ex

David Hodson in his international family law opinion piece describes the possible effect of a haunting of the matrimonial home on the divorce financial outcome, as set out in a judgment from a federal magistrate's decision in Sydney, Australia.

Full article: Family Law

Finance and Divorce October 2013 Update

Jessica Craigs, senior solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in September.

Full article: Family Law Week

Changing a Child’s Name

Charlotte Rachael Proudman, barrister at 1 Mitre Court Buildings provides legal guidance on applications to change a child’s name, whether forename or surname, during private law children proceedings.

Full article: Family Law Week

Contact, European Convention 1950, Art 8 and assessment of parents’ evidence

In two very different contact disputes the Court of Appeal has recently looked at parents' appeals partly in the light of Convention for the Protection of Human Rights and Fundamental Freedoms 1950, Art 8 (right to respect for family life), though in each case for different reasons.

Full article: Family Law

Time to Call a Halt – New Court of Appeal Guidance in Adoption Cases: Re B-S [2013] EWCA Civ 813

Alex Verdan QC of 4 Paper Buildings and Nicola Harries of Baxter Harries Solicitors draw lessons from new guidance in adoption cases, set out by the Court of Appeal in Re B-S in which they acted for the respondent.

Full article: Family Law Week

Laying Down The Law On Freezing Orders

In UL v BK [2013] EWHC 1735 (Fam), Mostyn J reiterated the mantra that the law to be applied in one court room must be the same as that applied in the next, whether in the High Court or a county court, the Family Division or the Chancery.

Full article: Mondaq

Court of Protection Update (September 2013)

Sally Bradley and Michael Edwards, barristers, 4 Paper Buildings, consider three important judgments of the Court of Protection.

Full article: Family Law Week

What Are Care Proceedings For?

Lady Hale's Munkman Lecture, 16th September 2013.

Full article: Zenith Chambers (PDF)

In the matter of A (Children) [2013] UKSC 60 – An Analysis

Alex Verdan QC, Jacqueline Renton and Michael Gration, all of 4 Paper Buildings, consider the significance and impact of the Supreme Court’s recent judgment in A (Children), in which they represented interveners Children and Families Across Borders.

Full article: Family Law Week

Finance and Divorce September 2013 Update

Jessica Craigs, senior solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in August.

Full article: Family Law Week

Jurisdiction and meaning of habitual residence

The Supreme Court on 9 September handed down judgment in what is undoubtedly a landmark decision in relation to issues of jurisdiction.

Full article: Law Society Gazette

Owusu goes to the Court of Appeal

David Hodson sets out information of an appeal to be heard by the Court of Appeal in early October on the Owusu issue, a matter of considerable importance to the English and international family law professions on divorce forum disputes with non-EU countries.

Full article: Family Law

Costs, a ‘clean sheet’, and a starting-point for costs orders

"In Solomon v Solomon [2013] EWCA Civ 1095 Ryder LJ gives a welcome reminder of the Gojkovic costs decision of Butler-Sloss LJ - namely, that the award of costs in family proceedings may be linked to the civil proceedings general principle: that costs follow the event", says David Burrows.

Full article: Family Law

View from the President's Chambers 6

The process of reform : latest developments.

Full article: FLBA (PDF)

Divorce lawyers: proving our worth

Solicitors must demonstrate the value of a qualified family lawyer in divorce cases.

Full article: Law Society Gazette

David Hodson on International Family Law: Which countries are in the EU?

David Hodson in his opinion piece on international family law, and perhaps prompted by too many rum punches in the Caribbean, looks at the many countries, territories, islands, and other geographical entities which are either part of the EU or linked with the EU in some way and needing family law consideration.

Full article: Family Law

Changes to Child Maintenance

Anna Heenan, Solicitor at Gregg Latchams LLP explains the latest changes to the child support regime.

Full article: Family Law Week

Impact of Universal Credit on spousal maintenance

Nigel Shepherd of Mills & Reeve assesses the impact of Universal Credit on spousal maintenance.

Full article: Family Law Hub

Clarity in committal orders – legal aid for defence of committal

David Burrows looks at Re Jones (Alleged Contempt of Court) [2013] EWHC 2579 (Fam).

Full article: Family Law

Expert Evidence - Another Chapter in a Continuing Story

David Bedingfield, barrister at 4 Paper Buildings, sets the latest reforms relating to expert evidence in their historical context and considers the dilemmas which expert evidence has long presented to the courts.

Full article: Family Law Week

Judicial review, declarations and the accommodated child

The inability of the courts to provide a unified system of family justice is highlighted by Redcar and Cleveland Borough Council v Others (Re B) [2013] EWCA Civ 964.

Full article: Family Law

Authorisation of Payments in International Commercial Surrogacy – A New Approach?

Ruth Cabeza, barrister, of Field Court Chambers considers two important judgments recently made by Mrs Justice Theis concerning payments under international commercial surrogacy agreements.

Full article: Family Law Week

Re B (A Child): Who Held What in the Supreme Court?

Frank Feehan QC and Anna McKenna who appeared for the appellant in the Supreme Court and Justin Leslie offer a tabular summary of the findings of the individual Justices on key issues in the appeal.

Full article: Family Law Week

Children: Private Law update (August 2013)

Alex Verdan QC of 4 Paper Buildings considers several recent judgments in Children private law proceedings which provide practitioners with helpful guidance.

Full article: Family Law Week

View from the President's Chambers 5

The process of reform : London.

Full article: FLBA (PDF)

Judicial review – guidance on foster care allowances for family members

R (X) v London Borough of Tower Hamlets [2013] EWCA Civ 904 raises the specific question of a council's power to fix foster carer allowances and fees; and more generally the extent to which a public body may diverge from guidance issued by the relevant minister.

Full article: Family Law

Mediation: reasonable growth

The government is introducing measures which it says will take pressure off the courts and tribunals, and in the case of family law disputes fill the gap left by cuts to legal aid. But many practitioners say the policies have not been properly thought through – and may actually hinder the use of mediation.

Full article: Law Society Gazette

Full pleading of a claimant’s case; and detrimental reliance

"Smith v Bottomley and Coach House Properties Ltd [2013] EWCA Civ 953 is an object lesson in penalties for parties for inadequate pleading; and (perhaps) reminds family lawyers of the strict application of rules as to implied trusts - especially in relation to detrimental reliance to establish a constructive trust." Says David Burrows.

Full article: Family Law

Finance and Divorce August 2013 Update

Jessica Craigs, senior solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in July.

Full article: Family Law Week

Kinship foster carers’ allowances

On 24 July 2013 the Court of Appeal handed down a landmark decision for kinship foster carers, confirming that they should not be paid less than unrelated foster carers simply on the basis of a familial relationship.

Full article: Law Society Gazette

Samantha Bangham’s Week in Cases 2 August 2013

Samantha Bangham looks at the week's case highlights.

Full article: Family Law

Disclosure, discovery: the rules and common law

"The recently published Imerman v Imerman [2012] EWHC 4047 (Fam), Moylan J does not reflect well on the breadth of Family Procedure Rules 2010; and shows how FPR 2010 leave much to a practitioner's interpretation of the common law." Says David Burrows.

Full article: Family Law

“Jackson” and committal for contempt in matrimonial cases

"It might be that the sanction of committal for contempt for ignoring orders of the court in respect of providing proper financial information in divorce proceedings may be more likely than before – partly in view of the new climate intended to be fostered by the “ Jackson” reforms." Says David Partington.

Full article: Sovereign Chambers

Wasted costs against local authority in private law proceedings

James Hargan looks at the case HB, PB, and OB –v- London Borough of Croydon [2013] EWHC 1956 (Fam).

Full article: Sovereign Chambers

Forced Marriage and Court of Protection

In this two part article, Adreeja Chatterjee provides an introduction to the forced marriage legislation.

Full article: No5 Chambers

Marriage (Same Gender Couples) Act 2013 - Top ten guide

This is an Act to make provision for same sex couples in England and Wales and about gender change for married persons and civil partners.

Full article: Family Law

Samantha Bangham’s Week in Cases 26 July 2013

Samantha Bangham looks at the week's case highlights.

Full article: Family Law

Serious case reviews have become too costly and complex

Reviews should help child protection, not disrupt it, says Professor Ray Jones.

Full article: The Guardian

Transparency in the family courts guidance

Joanne Clarke discusses the President's draft guidelines outlining a proposed new approach to the publication of family judgments.

Full article: Family Law

Children: Public Law Update (July 2013)

John Tughan, barrister of 4 Paper Buildings, examines some important recent judgments of particular interest to public law children lawyers.

Full article: Family Law Week

Japan has responded to the EU review, so have you?

David Hodson urges international family practitioners to respond to the Balance of Competences Review.

Full article: Family Law

Samantha Bangham’s Week in Cases 19 July 2013

Samantha Bangham looks at the week's case highlights.

Full article: Family Law

Self-Help Disclosure - Imerman v Tchenguiz: from ‘cheat’s charter’ to ‘damp squib’? (Some guidance, at last, in UL v BK)

Andrze Bojarski of 36 Bedford Row examines the law and the latest guidance relating to self help disclosure.

Full article: Family Law Week

Piercing the corporate veil

"The unanimous judgment of the Supreme Court in Petrodel Resources Ltd v Prest led to a media circus. Now the dust has settled, we have more clarity on the repercussions of the case for those involved in family and company law." Says Nicholas Bennett.

Full article: Law Society Gazette

View from the President's Chambers 4

The process of reform : an update.

Full article: Judiciary of England & Wales (PDF).

Evidence, Practice and Procedure: Consent orders and costs guidance from the Court of Appeal

Emezie v Secretary of State for the Home Department [2013] EWCA Civ 733 was an appeal allowed against a costs order - ‘no order as to costs' - made by Mostyn J in a judicial review housing case, where the housing authority settled a judicial review case after issue by the applicant.

Full article: Family Law

Effecting change in local family justice systems? Findings from the Cafcass Pre-Proceedings Pilot

Dr Karen Broadhurst of Lancaster University explains the findings of a recently completed pilot involving family court advisers in public law pre-proceedings practice.

Full article: Family Law Week

Finance and Divorce July 2013 Update

Jessica Craigs, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in June.

Full article: Family Law Week

Evidence, Practice and Procedure: Declarations in the family law context

"CM v Exor of the Estate of EJ (deceased) and HM Coroner for the Southern District of London [2013] EWHC 1680 (Fam), Cobb J reminds family lawyers of the important remedy of declaration." Says David Burrows.

Full article: Family Law

Samantha Bangham’s Week in Cases 5 July 2013

Samantha Bangham looks at the week's case highlights.

Full article: Family Law

Ministry of Justice review of EU powers in family law

"The Ministry of Justice is presently conducting a review of the extent of the powers and laws of the EU. This includes family law where the influence of the EU is very keenly felt by practitioners dealing with international families." Says David Hodson.

Full article: Family Law

Evidence, Practice and Procedure: Estoppel and strike out - bars to re-litigation

"Abuse of process and its related issue estoppel, have been before family courts in reported decisions on at least three occasions in the past six months" says David Burrows.

Full article: Family Law

Divorcing a bankrupt, Part II: where insolvency law meets financial remedies

Henry Clayton of 4 Paper Buildings outlines the consequences where a party to financial remedy proceedings becomes bankrupt after the making of a final order.

Full article: Family Law Week

View from the President's Chambers 3

The process of reform : expert evidence

Full article: Judiciary of England & Wales (PDF).

Samantha Bangham’s Week in Cases 28 June 2013

Samantha Bangham looks at the week's case highlights.

Full article: Family Law

The End of the Open Road

Robin Charrot looks at the Supreme Court's judgment in Prest (Appellant) v Petrodel Resources Limited & Others (Respondents) [2013] UKSC 34.

Full article: Family Law

Important judgment on freezing orders & ex parte orders commented on by David Partington

Freezing orders, without notice applications and evidence obtained in breach of confidence – a salutary reminder.

Full article: Sovereign Chambers

Rule 25.1 and the President's Guidance in H-L - A 'necessary' evil?

Christopher Rank, barrister, of Cornwall Street Chambers considers expert evidence, rule 25.1 of the FPR and The President’s recent guidance in Re H-L (A Child).

Full article: Family Law Week

Technology creates 24/7 duty of care on lawyers to respond to clients

"Technology has transformed the way in which lawyers across the world conduct their work." Says David Hodson.

Full article: Family Law

Samantha Bangham’s Week in Cases 21 June 2013

Samantha Bangham looks at the week's case highlights.

Full article: Family Law

Children: Private Law update (May 2013)

Alex Verdan QC of 4 Paper Buildings considers three important recent judgments in Children private law proceedings.

Full article: Family Law Week

Prest v Petrodel Resources Limited 2013 UKSC 34 a victory for common sense

"In summary, the Supreme Court (comprising Lords Neuberger, Walker, Mance, Clarke, Wilson, Sumption and Lady Hale) has unanimously upheld the wife’s appeal and found that the Respondent group of companies held the assets on trust for the Husband. The assets therefore constitute property to which the husband is “entitled, either in possession or reversion” for the purposes of section 24(1)(a) MCA."

Full article: Zenith Chambers

The Supreme Court grasps the nettle in Prest v Petrodel Resources Ltd

“On 12th June 2013, the Supreme Court delivered judgment in the eagerly anticipated appeal in Prest v Petrodel Resources Limited [2013] UKSC 34. For the second time this year, the Supreme Court has had to grapple with the circumstances in which it is appropriate to pierce the corporate veil, the previous decision being that of VTB Capital plc v Nutritek International Corp [2013] 2 WLR 398 (a case in which a number of 11 SB members were involved). Unlike in VTB Capital, however, this time the Supreme Court grasped the nettle and gave some practical guidance as to the reach and limitations of the doctrine.”

Full article: 11 Stone Buildings (PDF)

Sir Mark Hedley: The judge who opened the doors to Britain’s most secretive court

Sir Mark Hedley decided that the public should know about the judiciary’s highly sensitive rulings. He tells Emily Dugan why.

Full article: The Independent

Re B (A Child) – Social Engineering or Proportionate Response to Risk of Future Harm?

Janet Bazley QC and Eleri Jones of 1 Garden Court consider the Supreme Court’s decision in Re B (A Child) [2013] UKSC 22.

Full article: Family Law Week

Changes to public law

The pressures on the public purse as much as those of the present Conservative government have brought about yet more radical changes to public law proceedings.

Full article: Law Society Gazette

Samantha Bangham’s Week in Cases 14 June 2013

Samantha Bangham looks at the week's case highlights.

Full article: Family Law

Stripping Away the Veil of Deceit: Prest v Petrodel

John Wilson QC of 1 Hare Court analyses the Supreme Court’s judgment in the landmark case of Prest v Petrodel and considers its implications for family lawyers.

Full article: Family Law Week

Care Proceedings: the Operation and Effect of Pre-Proceedings – What do lawyers need to know?

Professor Judith Masson, School of Law University of Bristol, and Dr Jonathan Dickens, Centre for Research on Children and Families, University of East Anglia, explain the lessons learned for future practice from research conducted into the use of the pre-proceedings process in care cases.

Full article: Family Law Week

The Supreme Court deploys its Stinger, but does not piece the corporate veil

"Today's decision by the Supreme Court in Petrodel v Prest puts reality back into an important area of family law." Says Jeremy Posnansky QC.

Full article: Family Law

Legal services orders

Since 1 April the family courts have had the power to make a legal services order, which is a new form of interim order compelling one spouse to make provision for the other’s legal costs.

Full article: Law Society Gazette

Disclosure of confidential information: public interest immunity

David Burrows looks back at Durham County Council v Dunn [2012] EWCA Civ 1654.

Full article: Family Law

Finance and Divorce June 2013 update

Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in May.

Full article: Family Law Week

Samantha Bangham’s Week in Cases 7 June 2013

Samantha Bangham looks at the week's case highlights.

Full article: Family Law

The Revised Public Law Outline .... and this time they mean it

Andrew Pack, care lawyer with Brighton & Hove City Council, explains and comments on the changes made by the recently published Revised Public Law Outline.

Full article: Family Law Week

Enforcement under Family Procedure Rules 2010 and self-incrimination privilege

"Mohan v Mohan provides a timely reminder of the law in relation to self-incrimination privilege; but it also suggests that questions about procedure for over enforcement of family proceedings financial orders are some way from being resolved by Family Procedure Rules 2010 and the new provisions of Part 33." Says David Burrows.

Full article: Family Law

European justice scoreboard

"The Law Society Gazette reports, 24 May, that the UK has declined to take part in an EU initiative to launch a "European justice scoreboard", which according to the EU press release is "to promote effective justice systems in the EU"." Says David Hodson.

Full article: Family Law

View from the President's Chambers 2

The process of reform : the revised PLO and the local authority

Full article: Judiciary of England & Wales (PDF).

Vince v Wyatt: the FPR 2010 strikes back?

Sian Cox, barrister, Harcourt Chambers analyses the court’s power to strike out in family proceedings and considers in the light of the Court of Appeal judgment in Vince v Wyatt, the circumstances in which such applications may succeed.

Full article: Family Law Week

Psych versus Psych: A Diagnostic Dispute and the Implications for Expert Witnesses in Family Proceedings

William Tautz, barrister of Tooks Chambers, examines the fundamental challenge to psychiatric diagnosis recently announced by the British Psychological Association and explores its implications for the instruction and cross-examination of expert witnesses in a post-streamlined PLO world.

Full article: Family Law Week

International endorsement for family arbitration

"Family arbitration has been successfully launched in several countries recently and is having a kick-start in those countries where it is presently available but underused." Says David Hodson.

Full article: Family Law

Maintenance Pending Suit Revisited

Alexander Chandler of 1 King’s Bench Walk, Temple, London revisits and updates an article originally published in February 2010 in light of changes brought about by the Family Procedure Rules 2010.

Full article: Family Law Week

Samantha Bangham’s Week in Cases 24 May 2013

Samantha Bangham looks at the week's case highlights.

Full article: Family Law

Legal aid expert evidence authority and Legal Aid Agency

David Burrows discusses the cases of Re JG (a child by her guardian) v Legal Services Commission and ors (incl Law Society and Secretary of State for Justice) [2013] EWHC 804 (Admin) and R (on the application of T) v Legal Aid Agency & ors [2013] EWHC 960 (Admin).

Full article: Family Law

Conclusion of the matrimonial financial tie: show cause, strike out and materiality

"The last month or so has seen a variety of decisions which have amounted to the family courts, in different ways, saying to couples they must live with their agreements; that there must be an end to matrimonial financial litigation. All are based on judicial common sense of the highest order; but where does substantive law fit in with all this?" Asks David Burrows.

Full article: Family Law

Committal Applications in financial remedy proceedings: when, how and why to make one

Marisa Allman explains when, how and why to make a committal application in financial remedy proceedings.

Full article: Zenith Chambers (PDF)

What Place does Wardship have in Modern Family Proceedings?

Leanne Buckley-Thomson, barrister at 12 College Place, provides an overview of wardship and considers its usefulness in modern family proceedings.

Full article: Family Law Week

Good Intentions are Not Enough: Thompson v Hurst

Sheila Hamilton Macdonald, barrister, examines the implications of the Court of Appeal judgment in Thompson v Hurst; a cohabitee property dispute in which the property had been registered in the name of only one of the cohabitees.

Full article: Family Law Week

Samantha Bangham’s Week in Cases 17 May 2013

Samantha Bangham looks at the week's case highlights.

Full article: Family Law

Summary of the latest ‘View From The President’s Chambers’

Amy sanders looks at the main outlines of the revised PLO.

Full article: Family Law

Family law: a “time-consuming and morally shadowy activity”?

"Recently an article in the Guardian described family law as a “time-consuming and morally shadowy activity” and suggested that family lawyers “sleep in a bed that has been paid for by the unhappiness of others”." Says Geraldine Morris.

Full article: Halsbury's Law Exchange

Finance and Divorce May 2013 update

Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the April financial remedies and divorce news and cases.

Full article: Family Law Week

The existential crisis of set aside transactions under section 37 MCA 1973

Byron James, barrister, 14 Grays Inn Square considers the questions arising in relation to transactions set aside by s.37 MCA 1973 orders.

Full article: Family Law Week

Samantha Bangham’s Week in Cases 10 May 2013

Samantha Bangham looks at the week's case highlights.

Full article: Family Law

The Jackson Five

Amy Royce-Greensill considers the main practical points for family lawyers arising from the Jackson reforms.

Full article: Family Law

Non-recognition of Bulgarian divorce under Brussels II

David Hodson discusses the case of Yordanova v Iordanov (2013) EWCA 464.

Full article: Family Law

s.7 and s.37 reports in children proceedings

This practice note looks at the way in which the court obtains objective evidence in children proceedings – by directing agencies to provide reports on the child and family at the centre of the dispute.

Full article: Family Law Hub

Marriage from the Eighteenth Century to the Twenty-First Century: Some reflections on Hyde v Hyde and Woodmansee (1866) LR 1 P&D 130

The Incorporated Council of Law Reporting Annual Lecture for 2013 given by Sir James Munby, President of the Family Division, on 25 April 2013 at the Law Society.

Full article: Family Law

“To Decide or not to Decide, that is the Question…” – the impact of R (H) v Kingston upon Hull City Council

Dave Phillips and Naomi Madderson, members of the child care team at 37 Park Square Chambers, consider the impact of a case in which a local authority which removed two children subject to an interim care order was judicially reviewed and in which the authors acted.

Full article: Family Law Week

Stare decisis does not apply where statute overrides

David Burrows looks at the cases of Re JG (a child by her guardian) v Legal Services Commission and ors (incl Law Society and Secretary of State for Justice) [2013] EWHC 804 (Admin) and R (on the application of T) v Legal Aid Agency & ors [2013] EWHC 960 (Admin).

Full article: Family Law

Samantha Bangham’s Week in Cases 3 May 2013

Samantha Bangham looks at the week's case highlights.

Full article: Family Law

View from the President's Chambers 1

The process of reform

Full article: Judiciary of England & Wales (PDF)

I am suspicious of Jeremy Kyle…

Amy sanders considers the possibility of lie detector tests being used in family proceedings.

Full article: Family Law

Stare decisis does not apply where statute overrides

Two recent decisions of the Court of Appeal have allowed appeals in family law cases on grounds that the principle of stare decisis did not apply because decisions of the court below were wrong.

Full article: Family Law

Child Support: Here Comes the New Gross Income Scheme

Jody Atkinson TEP, barrister at St John’s Chambers, Bristol considers the new Child Support Gross Income Scheme.

Full article: Family Law Week

Lord McNally’s Local Family Justice Board speech

Reform of the family justice system. Originally given at The Grange Holborn Hotel, London.

Full article: GOV.UK

The LASPO Changes - In Practical Terms

On 1 April 2013, the reforms from the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ("LASPO") took effect and changed the scope of Legal Aid as we knew it.

Full article: Family Law

Three points from the funding jungle

"What follows is not said to bolster any lawyer's union or to bleat about hard times: it is to warn how slender is the thread of the rule of law." Says David Burrows.

Full article: Family Law

Samantha Bangham’s Week in Cases 19 April 2013

Samantha Bangham looks at the week's case highlights.

Full article: Family Law

Children: Public Law Update (April 2013)

John Tughan, barrister of 4 Paper Buildings, examines two important recent judgments: the Supreme Court's decision in J (Children) and the Court of Appeal's in M (A Child).

Full article: Family Law Week

Private Trusts and the Court of Protection

Claire Van Overdijk looks at recent cases in this area.

Full article: No5 Chambers

The UK Care System - Does it conflict with the Government’s drive for a faster Adoption process?

Kirsty Richards is concerned that the current pressures from the Government to find suitable adopters quickly conflicts with the care process, in some cases.

Full article: Family Law

Legal services orders (per LASPOA 2012)

With effect from 1 April 2013, Legal Aid and Sentencing of Offenders Act 2012 s 49(2) introduced a new Matrimonial Causes Act 1973 s 22ZA, whilst s 49(1) symbolically made unlawful orders for maintenance pending suit orders to make any provision for legal services.

Full article: Family Law

JG v LSC

The High Court has handed down judgment on a claim for judicial review following a refusal by the Legal Services Commission to fund the full cost of an expert report in Children Act proceedings relating to a 10-year-old girl, JG.

Full article: Family Law

Court of Protection Update (April 2013)

Sally Bradley and Michael Edwards, barristers at 4 Paper Buildings, look at recent decisions on capacity in the Court of Protection.

Full article: Family Law Week

Samantha Bangham’s Week in Cases 12 April 2013

Samantha Bangham looks at the week's case highlights.

Full article: Family Law

Pre- and post-nuptial agreements – what you need to know

Anna Heenan, solicitor at Mills & Reeve, provides a quick guide to the courts' treatment of pre and post nuptial agreements following the Supreme Court decision in Radmacher.

Full article: Family Law Hub

“Bring it back” – Courts and care plans that are not working

Andrew Pack, care lawyer with Brighton & Hove City Council, examines the routes available to a local authority to return a case to court if the care plan goes awry.

Full article: Family Law Week

Finance and Divorce April 2013 update

Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the March financial remedies and divorce news and cases.

Full article: Family Law Week

International Children Law Update: April 2013

Jacqueline Renton, Barrister of 4 Paper Buildings, reviews the latest key decisions in international children law.

Full article: Family Law Week

Samantha Bangham’s Week in Cases 5 April 2013

Samantha Bangham looks at the week's case highlights.

Full article: Family Law

Working together - hearing and safe-guarding children

"Working Together - now Working Together to Safeguard Children - has a long history, both as a document and as an imperative for protection of children." Says David Burrows.

Full article: Family Law

Fancy having a Judge in your living room?

"Thanks to the English High Court, state policing of personal relationships in Britain is on the rise." Says Barbara Hewson.

Full article: Hardwicke Chambers

Welfare Reform Act 2012

Nicola Rowlings, PSL at Mills & Reeve, explains the changes that are happening to the benefits system as a result of the Welfare Reform Act 2012.

Full article: Family Law Hub

Funding Family Proceedings: The New Law

Legal Services Order applications under s.22ZA and s.22ZB Matrimonial Causes Act 1973.

Full article: Family Law Week

Rule of children law, and of control in children proceedings

David Burrows considers the application of legal principles in children proceedings.

Full article: Family Law

Samantha Bangham's Week in Cases

Samantha Bangham looks at the week's case highlights.

Full article: Family Law

Before the Flood? The 1996 Hague Convention in the English Courts

Duncan Ranton, Solicitor and Consultant with Bishop & Sewell LLP, considers the impact of the 1996 Hague Convention and the first judgment in the English courts to consider the treaty.

Full article: Family Law Week

Legal Aid Update 2013 - what you need to know

As from 1 April 2013, legal aid will be reformed and it is important that all family practitioners know the extent to which legal aid will be available after that date for family work. This note is intended to provide a quick guide to private law family lawyers and does not deal with the process after legal aid eligibility has been determined.

Full article: Family Law Hub

What social workers need to know about new child protection guidance

The revised Working Together guidance will not reduce the bureaucratic burden, despite claims to the contrary.

Full article: The Guardian

Human Rights and Family Law Spring Update 2013

Deirdre Fottrell, barrister of Coram Chambers, reviews recent cases involving human rights issues which are of significance to family lawyers.

Full article: Family Law Week

Samantha Bangham's Week in Cases

Samantha Bangham looks at the week's case highlights.

Full article: Family Law

Disproportionate costs and Children Act 1989 Sch 1 orders

Two Family Division judges have recently berated two couples for their disproportionate expenditure on funding their litigation.

Full article: Family Law

Family Law Week’s Budget Briefing 2013

Jan Ellis, chartered accountant, of Ellis Foster LLP, a firm which specialises in advising family lawyers on tax-related family law issues, explains the budget changes of most relevance to practitioners.

Full article: Family Law Week

Facilitating the Return of Abducted Children - The judgment of the European Court of Human Rights

Esther Lieu, a Pupil at Coram Chambers, and Adam Weiss, Legal Director, The AIRE Centre, explain the ECtHR's recent decision in Raw v France which considered, amongst other matters, the enforcement of court orders and the circumstances in which a parent could represent their children in Strasbourg proceedings.

Full article: Family Law Week

The Cost of Care……The position following the Tower Hamlets decision

Jacqui Thomas, barrister of 37 Park Square Chambers, Leeds, considers the implications of the recent Tower Hamlets judgment for the cost of kinship care.

Full article: Family Law Week

All about the evidence

Anna Heenan examines the implications of the latest in a long line of inherited assets cases.

Full article: New Law Journal

A new family court

"In all the excitement over Legal Aid Sentencing and Punishment of Offenders Act 2012 last year, and the Children and Families Bill this year, many family lawyers have overlooked the fact - trailed by a recommendation for a ‘single family court' in Family Justice Review - that in Crime and Courts Bill cl 16(3) and Sch 10 there is the statutory embodiment of what the Government intend for the recommendation." Says David Burrows.

Full article: Family Law

Family law arbitration wins

"Does this ring a bell? You sit opposite a client whose face gradually lengthens, whose mouth drops and whose eyes widen in dismay and disbelief as you describe how long it takes to bring matrimonial financial issues to a conclusion through the court litigation process." Asks Dennis Sheridan.

Full article: Law Society Gazette

The Children and Families Bill could undermine gender stereotypes

On 25 February, MPs passed the new Children and Families Bill at its second reading in the House of Commons. The bill extends the statutory rights – in employment and family law – that both parents have in their children’s upbringing.

Full article: Law Society Gazette

Modern divorce is a sad comedy

"Introduce no-fault divorce now and remedy the shabby state of affairs caused by craven politicians", says Philippa Dolan.

Full article: The Lawyer

Address by the President, Sir James Munby, at the Annual Dinner of the FLBA

This is the text of a speech delivered on 22 February 2013 at Middle Temple Hall.

Full article: FLBA

Evidence, Practice and Procedure: Judicial change of mind

"Generally, once a judge has made a decision, the court draws up and seals the order. Subject to any appeal and enforcement that is an end of the matter. It is not quite as simple as that says the Supreme Court in Re L and B (Children) [2013] UKSC 8."

Full article: Family Law

Evidence, Practice and Procedure: Uncertain control of interim applications at PRFD

Anarchy is too strong a word for it; but so far as anarchy means without rule (‘archy' comes from classical Greek arkhia meaning rule) it begins to apply. In S v M (Maintenance Pending Suit) [2012] EWHC 4109 (Fam) Coleridge J heard two appeals, in the same case, where district judges in the Principal Registry had made orders which seem to have overlooked the law (in certain important respects) and to have paid little regard to the relevant facts.

Full article: Family Law

Setting aside (Pt II)

Margaret Hatwood continues her examination of the increasing trend of parties asking for consent orders to be set aside.

Full article: New Law Journal

Children and same sex families: known biological fathers and contact: the decision in S v D and E / T v X and Y [2013] EWHC

"Where do parents and prospective parents stand after the very recent decision in the case of S v D and E?" Asks Marisa Allman.

Full article: Zenith Chambers

Finance and Divorce March 2013 Update

Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse February’s financial remedies and divorce news and cases.

Full article: Family Law Week

“Can’t We Make the Local Authority Pay for It?”

Andrew Pack, care lawyer with Brighton & Hove City Council, considers the court’s powers to compel a local authority to meet the costs of a particular action.

Full article: Family Law Week

Repatriation of EU family law powers, Part IV

David Hodson concludes his series examining areas where family law powers taken by the EU could (and should) pass back to the UK and other member states.

Full article: Family Law

Future financial remedy proceedings

The recent decision of the Court of Appeal in the Petrodel Resources Ltd v Prest [2012] EWCA Civ 1395, shocked the family law world. It has left many concerned about the potential effects it may have on future financial remedy proceedings, and some adamant that it has provided moneymakers with an easy way to protect their assets from their former spouses.

Full article: Law Society Gazette

Burial of a Child’s Remains – resolving parental disputes

Maeve O’Rourke, pupil barrister, of 4 Paper Buildings and Gwen Williams, Partner, Goodman Ray offer advice where parents are in dispute over where or how to dispose of their child’s remains.

Full article: Family Law Week

Setting aside

In a special NLJ two-part series Margaret Hatwood discusses the increasing trend of parties asking for consent orders to be set aside.

Full article: New Law Journal

Swimming in the Pool: relevant factors to satisfy the threshold criteria after the Supreme Court's judgment in J (Children)

Ben Boucher-Giles of Fountain Chambers considers the Supreme Court’s judgment in J (Children) and considers how it fits into the wider picture of findings as they relate to threshold.

Full article: Family Law Week

When Can Judges Change Their Minds? The Supreme Court’s judgment in L and B (Children)

Martha Gray, Pupil at 1 Garden Court, considers whether and in what circumstances a judge who has announced her decision is entitled to change her mind, particularly in the context of fact-finding hearings in care proceedings, in the light of the Supreme Court’s recent judgment.

Full article: Family Law Week

Contact, appeals and death by kindness

In Re H (A Child) [2013] EWCA Civ 72 three senior judges in the Court of Appeal handed down a reserved judgement in a case concerning an 8 year old boy who was said by his mother not to want to see his father.

Full article: Family Law

Repatriation of EU family law powers, Part III

David Hodson continues his series examining areas where family law powers taken by the EU could (and should) pass back to the UK and other member states.

Full article: Family Law

DNA—the true test of any relationship?

Neil Sullivan provides an update on recent developments in DNA testing.

Full article: New Law Journal

Children: Private Law Update: February 2013

Alex Verdan QC of 4 Paper Buildings considers three important recent judgments in Children private law proceedings.

Full article: Family Law Week

The Children and Families Bill – what private children lawyers need to know

Piers Pressdee QC, of 29 Bedford Row, examines the private children law provisions of the newly introduced Children and Families Bill.

Full article: Family Law Week

Repatriation of EU family law powers, Part II

David Hodson continues his series examining areas where family law powers taken by the EU could (and should) pass back to the UK and other member states.

Full article: Family Law

Committal for contempt; non-disclosure

Two recent cases point up the pitfalls for judges and advocates alike in the area of civil proceedings committals to prison.

Full article: Family Law

The cost of occupation

Geraldine Morris examines the issues of occupation rent & equitable accounting in cohabitant cases.

Full article: New Law Journal

A new path?

Craig Rose applauds the sensitive approach taken to settle AI v MT.

Full article: New Law Journal

Family Arbitration – two recent High Court cases

Nigel Shepherd of Mills & Reeve reviews two recent judgments in which arbitration has been considered in the family law context.

Full article: Family Law Hub

Does VTB v Nutritek foreshadow the Supreme Court’s approach to the Petrodel appeal on piercing the corporate veil?

Emily Marshall, family law professional support lawyer at Irwin Mitchell considers the possible implications of the Supreme Court’s decision in a commercial case on the forthcoming appeal in the Petrodel appeal, to be heard in March.

Full article: Family Law Week

Maintenance pending suit applications

There are few reported cases in respect of maintenance pending suit applications. A recent example, however, was the appeal decision of Coleridge J in S v M [2012] All ER (D) 175 (Nov).

Full article: Law Society Gazette

Marriage equality for same-sex couples is a "no brainer"

"I, like many family lawyers, welcome the House of Commons' approval of same-sex marriage in England and Wales." Says James Stewart.

Full article: Family Law

Cohabitation - better off in Scotland?

It is perhaps one of the most enduring legal "urban myths": that a man and woman who live together for many years, support each, maybe have children together, are viewed in the eyes of the law as being married and so when their relationship ends, they will be entitled to receive a fair share of their home and any other assets.

Full article: Family Law

Issue estoppel in family proceedings

The penetrating judgement of Mostyn J in BP v KP, NI and OI [2012] EWHC 2995 (Fam) indirectly shows up one of the real muddles of family law, namely its attempts to adopt one set of legal principles - especially in terms of procedure - across the family law board.

Full article: Family Law

When a biological father who is not a legal parent can seek contact with his child

The decision of Baker J in Re G and Re Z last week resolved the circumstances in which the father of a child conceived by a lesbian couple in a civil partnership can seek leave to apply for contact.

Full article: Family Law

Repatriation of EU family law powers, Part I

"In this four-part series, I examine areas where family law powers taken by the EU could (and should) pass back to the UK and other member states. Ironically, in three of the areas it does not concern the EU at all but is between member states and non-EU countries."

Full article: Family Law

Finance and Divorce January 2013 Update

Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse December’s financial remedies and divorce news and cases.

Full article: Family Law Week

Private Criminal Prosecutions in Financial Remedies Cases

Andrzej Bojarski, Kate Tompkins and Cameron Crowe, barristers at 36 Bedford Row, combine their expertise in unravelling complex financial arrangements on divorce and prosecuting serious crimes to consider whether the criminal courts might offer opportunities for a spouse in an exceptional case when all conventional options in the family courts have been exhausted.

Full article: Family Law Week

'Unfair' laws for cohabiting couples highlighted again

The recent county court case of Pamela Curran and Brian Collins highlights the difficulties that arise when unmarried couples separate and it should serve as a warning to others in a similar position.

Full article: BBC News

Jurisdiction of same-sex marriages

On Friday the government published its draft legislation for the debate on redefining marriage by introducing same-sex marriage. It is the Marriage (Same-sex Couples) Bill 2013.

Full article: Family Law

Undue Influence in the Family - A 2013 Update

Luke Barnes, barrister at Three Dr Johnson’s Buildings, examines the issue of undue influence in family matters.

Full article: Family Law Week

Under attack

David Burrows warns of an assault on family law.

Full article: New Law Journal

The new FPR 2010, Part 25 (Experts and Assessors) and accompanying practice directions come in to force today. What changes do they make?

On 31 January 2013, the new FPR 2010, Part 25 and accompanying practice directions come into force.

Full article: Family Law

Confidentiality and children being heard – privately?

"Privilege and confidentiality are topical", says David Burrows.

Full article: Family Law

Limitations on appeals against case management decisions, on instruction of experts and over-representation by lawyers

In Re TG (A Child) [2013] EWCA Civ 5 Sir James Munby P (sitting with Aikens LJ and Sir Mark Hedley) set down a series of markers for the ordering of opinion evidence and appeals from case management decisions - especially in children proceedings.

Full article: Family Law

An ABC of forum disputes

The recently reported High Court decision of AB v CB [2012] EWHC 3841 (hence the ABC!) contains helpful guidance on a number of aspects arising in family law forum issues and is a valuable addition to international family law case law.

Full article: Family Law

Children: Public Law Update (January 2013)

John Tughan, barrister, 4 Paper Buildings, considers some recent important public law decisions of the Supreme Court, Court of Appeal and High Court relating to children.

Full article: Family Law Week

Relocation of children

District Judge Adam Taylor discusses the case F (Child) [2012] EWCA Civ 1364.

Full article: Law Society Gazette

State Pension Changes - A Briefing for Family Lawyers

Clive Weir, a director with Albert Goodman Chartered Financial Planners, summarises the recently announced changes planned for state pensions and indicates their implications for family lawyers.

Full article: Family Law Week

Evidence, Practice and Procedure: 'Control', disclosure and enforcement of orders

"The life of the Queen's Bench and Chancery Division judge is more straightforward under Civil Procedure Rules 1998 than that of the family judge under Family Procedure Rules 2010 when it comes to some aspects of enforcement of orders." Says David Burrows.

Full article: Family Law

Without Notice Applications

In the case of B-v-A [2012] EWHC 3127 (Fam) Mr Justice Charles delivered a Judgment on 10 December 2012 which is worthwhile bringing to the attention of practitioners.

Full article: Family Law

Religious Marriages: Staying a decree absolute in order to increase the chances of obtaining a religious divorce

Charlotte Rachael Proudman, a barrister at 1 Mitre Court Buildings, provides legal guidance on the Matrimonial Causes Act 1973, Section 10A, used in religious marital cases to speed up the process of obtaining religious divorces.

Full article: Family Law Week

Child Maintenance Assessments: Self-employed non-resident parents beware!

Byron James, barrister, 14 Gray’s Inn Square, considers the issue of a child support officer’s unfettered discretion in child maintenance assessments of self-employed non-resident parents.

Full article: Family Law Week

Evidence, Practice and Procedure: Stare decisis does not apply where statute overrides

Two recent decisions of the Court of Appeal has allowed family law cases on grounds that stare decisis did not apply because decisions of the court were wrong.

Full article: Family Law

What do you call a judge and how much to pay for the privilege?

"Two developments late last year in Australia have interesting reflections for other countries, and give timely warnings and alerts of potential government actions", says David Hodson.

Full article: Family Law

Evidence, practice and procedure: Inquisitorial (non-adversarial) v Adversarial

"Spare a thought for the front-line circuit or district judge who is told, often enough, by the Court of Appeal that family proceedings are non-adversarial; and then is criticised by the same Court of Appeal as ‘absurd'", says David Burrows.

Full article: Family Law

A Second Bite at the Cherry..? Applying for a Rehearing in Family Proceedings

Rodney Noon, solicitor, looks at the scope for bringing a family law case back before the first instance court and asking it to ‘think again’.

Full article: Family Law Week

Finance and Divorce January Update

Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse December’s financial remedies and divorce news and cases.

Full article: Family Law Week

Irwin Mitchell's Response to the Law Commission Consultation on Matrimonial Property, Needs and Agreements

On the 11 September 2012 the Law Commission launched a supplemental consultation paper entitled Matrimonial Property, Needs and Agreements. The consultation, which closed on 11 December 2012, sought views on whether the law relating to needs and non-matrimonial property should be reformed. Below is Irwin Mitchell Solicitors' response.

Full article: Family Law

Evidence, practice and procedure: Timetabling - a new case management priority

David Burrows looks at the Family Procedure (Amendment) (No 5) Rules 2010, which come into force on the 31st January.

Full article: Family Law

Christmas comes but once a year...

Penny Booth looks at some recent developments in the family law scene.

Full article: Family Law

Boris Johnson, Alex Salmond and shopping for divorce

Lucia Clark compares the jurisdictions of England and Scotland.

Full article: Family Law