Paul Bishop, an independent social worker and formerly a Children’s Guardian, draws on 20 years’ experience of interviewing children involved in family proceedings.
Full article: Family Law Week
Fixed fees and windmills
There was an even larger than usual turnout at this week's quarterly meeting of the Forum of Family Arbitrators, a group in which all IFLA accredited arbitrators are invited to participate.
Full article: Family Law
Full article: Family Law
Subjects:
Arbitration,
Costs
Non-accidental Injury and Re-balancing the Burden of Proof
Dr John Fox, barrister of Lamb Building, reviews some recent cases which may suggest a re-consideration of the burden of proof in cases of alleged non-accidental injury.
Full article: Family Law Week
Full article: Family Law Week
Subjects:
Children - Public Law
Mediation Matters: As storm clouds gather, you need faith in those you employ
We’re just a few weeks away from the introduction of a compulsory accreditation scheme which all family mediators will have to work towards if they’re to sell their services to the public.
Full article: Family Law
Full article: Family Law
Subjects:
Mediation
Family arbitration for 'DR dummies': An overview
In 2012 the Institute of Family Law Arbitrators (IFLA) launched a scheme which provides for the arbitration of financial disputes following relationship breakdown after marriage or cohabitation.
Full article: Family Law
Full article: Family Law
Subjects:
Arbitration
View from the Foot of the Tower: Three important adoption decisions
The Court of Appeal are still working their way through the backlog of appeals that were generated after the decision in Re B-S and the flurry of successful appeals that followed.
Full article: Family Law
Full article: Family Law
Subjects:
Children,
Children - Public Law
Family Mediation – Boom or Bust?
Amina Somers, Head of Family Mediation at Goodman Ray, asks what can be done to increase the take-up of family mediation.
Full article: Family Law Week
Full article: Family Law Week
Subjects:
Mediation
The Devil in the Detail: The Court Bundles Practice Direction and J v J [2014] EWHC 3654
Alexander Chandler, barrister at 1 King’s Bench Walk considers the Implications of the Court Bundles Practice Direction in the light of Mostyn J’s judgment in J v J [2014] EWHC 3654.
Full article: Family Law Week
Full article: Family Law Week
Subjects:
Practice
Revisiting child abduction: solving the problems in Nicolaou and Kayani
As part of a larger project, also including recommendations for the replacement of the common law offences of kidnapping and false imprisonment in statute, the Law Commission has made recommendations designed to resolve problems with the law on child abduction.
Full article: Family Law
Full article: Family Law
Subjects:
Children
Little Dorritt and the Human Rights Act
There’s contempt of court, and then there’s contempt for those who don’t pay maintenance for their families. And it’s this category of miscreant who seem to be caught in a Dickensian time warp.
Full article: Family Law
Full article: Family Law
Subjects:
Ancillary Relief,
Financial Remedies,
Human Rights
JS Mill strikes back – Mostyn J takes on the Supreme Court
In Rochdale MBC v KW [2014] EWCOP 45, Mr Justice Mostyn took on the Supreme Court in Cheshire West and demanded that it 'reconsider' the application of Article 5 ECHR in the context of deprivation of liberty at home.
Full article: Family Law
Full article: Family Law
Subjects:
Cases,
Court of Protection,
Human Rights
Presumption of parental involvement now in force
After an unexplained delay, section 11 of the Children and Families Act 2014 was brought into force on 22nd October 2011.
Full article: Zenith Chambers (PDF)
Full article: Zenith Chambers (PDF)
Subjects:
Children
Motivate to Mediate – the carrot and the stick
Annmarie Carvalho, Associate and Family Mediator with Farrer & Co LLP, examines two recent High Court cases which illustrate the court’s powers to ‘encourage’ parties into mediation.
Full article: Family Law Week
Full article: Family Law Week
Legal Services Payment Orders and Maintenance Pending Suit
Anne Smallwood, family law barrister at No5 Chambers, recently gave a talk titled 'Section 22 Z A - Getting Paid And M.P.S' at the Family Money Talks Seminar 2014.
Full article: No5 Chambers
Full article: No5 Chambers
Subjects:
Ancillary Relief,
Costs,
Financial Remedies
Finance & Divorce Update November 2014
Jessica Craigs, senior solicitor of Mills & Reeve LLP analyses the financial remedies and divorce news and cases published by Family Law Week during October.
Full article: Family Law Week
Full article: Family Law Week
Subjects:
Ancillary Relief,
Divorce,
Financial Remedies
Post-Adoption Contact: All Change or More of the Same?
Lance Dodgson, barrister of Bank House Chambers, considers the changes concerning post-adoption contact made by the Children and Families Act 2014 and asks what effect they will have in practice.
Full article: Family Law Week
Full article: Family Law Week
Subjects:
Children
Domestic Violence Prevention and Punishment - A Multi-faceted Approach
Syvil Lloyd Morris, Director of Famil Law at Bastian Lloyd Morris Solicitor Advocates, considers the developing interrelationship between the criminal and family jurisdictions in relation to cases of domestic violence.
Full article: Family Law Week
Full article: Family Law Week
Subjects:
Domestic Violence
Children Public Law Update (November 2014)
John Tughan, barrister, of 4 Paper Buildings reviews recent important judgments in public law children cases.
Full article: Family Law Week
Full article: Family Law Week
Subjects:
Children - Public Law
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