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