When is Same-Gender Parenting a Private Fostering Arrangement?

Kate Tompkins, barrister, of 36 Bedford Row considers the implications of private fostering arrangements in respect of children born to same-gender couples.

Full article: Family Law Week

'Robust' case management and judicial bias

July 2014 has seen several cases reported where the Court of Appeal has had to address the question of apparent bias from judges purporting to exercise their case management or interlocutory functions in a 'robust' way.

Full article: Family Law

Reviewing Findings of Fact in Care Proceedings

Jennifer Kotilaine, barrister, of 42 Bedford Row considers the President’s endorsement of the three-stage test in Re ZZ [2014] EWFC 9.

Full article: Family Law Week

Mediation Matters: Let professional mediators and solicitors work together so mediation thrives

When the Government’s Family Mediation Task Force report was published early in July, a chorus of disapproval was heard from the solicitor sector.

Full article: Family Law

Welfare of the animal versus property test – the treatment of pets on divorce

More and more pet owners are turning to solicitors to obtain ownership rights over their pet upon the breakdown of their relationship.

Full article: Family Law

Simon Hughes' speech at the Voice of the Child conference

Simon Hughes' speech to the Family Justice Young People's Board 'Voice of the Child' conference.

Full article: Ministry of Justice

Children: Public Law Update (July 2014)

John Tughan, barrister, of 4 Paper Buildings reviews recent important judgments in public law children cases.

Full article: Family Law Week

Children proceedings – evidence from ‘protected’ witnesses

The status of the evidence of children and of vulnerable witnesses has twice been before the Court of Appeal recently.

Full article: Family Law

Marital eroticism on marital separation

David Hodson asks: what happens on separation to intimate photographs taken during the marriage?

Full article: Family Law

Five things we can (usefully) do about LASPO

Five suggestions gleaned from the preliminary findings of the Bar Council’s survey on the impact of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Full article: Family Law

Arbitration of TOLATA disputes: Why would anyone now chose to litigate?

This note is concerned with disputes which must be resolved by way of litigation pursuant to the CPR in the TOLATA and Inheritance (Provision for Family and Dependants) Act 1975 context.

Full article: Family Law

Applications Without Notice: A Practitioner’s Guide

Rodney Noon, solicitor, provides a detailed review of the law and practice of – and the court’s attitude to – without notice applications in family proceedings.

Full article: Family Law Week

Local Authority Focus – July 2014

Sally Gore, barrister, of Fenners Chambers considers recent case law and other developments of particular significance to local authorities.

Full article: Family Law Week

Finance and Divorce July 2014 Update

Jessica Craigs, senior solicitor at Mills & Reeve LLP, reviews the latest developments and judgments relating to marriage, divorce and financial remedies.

Full article: Family Law Week

View from the Foot of the Tower: The Cobra Effect

Andrew Pack reflects upon the first year of LASPO.

Full article: Family Law

Deprivation of liberty – some fog clears about children’s homes

In a judgment that assists in resolving one issue that has been exercising practitioners since the judgment in Cheshire West, Holman J has confirmed that the Court of Protection has the power to make an order which authorises that a person who is not a child may be deprived of his liberty in premises which are a children’s home.

Full article: Family Law

Leave to remove from jurisdiction: Re P (Children) [2014] EWCA Civ 852

The Court of Appeal has allowed the appeal of a mother seeking to relocate with her two children, aged 3 and 2 years old, to Germany.

Full article: Family Law

Care Orders and Home Placements: removal and the public funding conundrum

Michael Jones, barrister, of 15 Winckley Square Chambers considers the lessons to be learned from DE (A Child) when care plans provide for placements at home with the family.

Full article: Family Law Week

Legal aid cuts force warring couples into the arms of litigation lenders

Divorce has always been a long and heated process – but while the venom is still plentiful the money is not.

Full article: The Guardian

Insults and Injuries; the court’s approach to personal injury damages in financial remedy proceedings

Pranjal Shrotri barrister, 36 Bedford Row, considers how personal injury claim awards are likely to be treated by the court in distribution of assets between divorcing parties.

Full article: Family Law Week

Cafcass model of ‘Evidence Informed Practice’

A bespoke matrix of standardised assessment tools is being used by Cafcass to produce reports which aim to facilitate early and conclusive decision making in private law family court proceedings.

Full article: Family Law

Domestic abuse and forced marriage

Jo Morris, Amy Royce-Greensill, Amy Sanders look at the law in these areas.

Full article: Family Law

Embedding family drug and alcohol courts into family justice

Judith Harwin, Bachar Alrouh, Mary Ryan and Jo Tunnard discuss opportunities and challenges presented by 'problem-solving' courts based on therapeutic jurisprudence.

Full article: Community Care

Pre-nup, post-nup and no-nup

Philippa Dolan looks at pre- and post-nuptial agreements.

Full article: Family Law

'They tried to make me go to rehab': what to do when the local authority says 'No, no, no'

The steps to be taken by a local authority when they wish to remove a child who has been placed with parents under a care order were considered by the High Court in the recent case of Re DE (A Child).

Full article: Family Law