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