Stranded Spouses and Immigration Control

Sulema Jahangir, solicitor with Dawson Cornwell, explains the plight of wives and mothers who are stranded in foreign countries, often separated from their children, and unable to return to England because of immigration restrictions.

Full article: Family Law Week

The Cat’s Out of the Bag: legal advice privilege and the risks of being caught with a divorce lawyer

Samuel Littlejohns, pupil at 1 Hare Court, examines whether the very fact that a party consulted a lawyer at a given time is privileged information, and the practical consequences of this for practitioners.

Full article: Family Law Week

Powers of restraint: the path of least intervention?

The recent case of Mental Health Trust & Ors v DD and BC [2015] EWCOP 4 has raised questions on the degree of consideration the COP must have to the ‘least restrictive’ option.

Full article: Family Law

Transfers of Proceedings under Article 15 Brussels II Revised in a Public Law Context

Oliver Jones, barrister of 4 Paper Buildings, and Maria Wright, solicitor of Freemans, currently seconded to the Court of Appeal, analyse a series of recent judgments in which the English courts have considered whether public law children proceedings should be in this jurisdiction or abroad.

Full article: Family Law Week

View from the Foot of the Tower: Nothing speaks for itself

We now know from the Court of Appeal in Re J (A Child) [2015] EWCA Civ 222 that there is no such thing as res ipsa loquitor in care proceedings.

Full article: Family Law

Of vulnerable witnesses and children

Hearing from children and evidence of vulnerable witnesses: working group.

Full article: Family Law

Finance & Divorce Update March 2015

Jessica Craigs, senior solicitor of Mills & Reeve LLP analyses the financial remedies and divorce news and cases from February 2015.

Full article: Family Law Week

Revisiting divorce settlements

The case of Stephen and Ellen Debruin, recently the subject of an application for leave to appeal by Mr Debruin, reopens the argument about whether the current wide discretion of judges in our divorce laws results in consistent and fair results.

Full article: Law Society Gazette

Schedule 1 - Child Maintenance

The case of Dickson v Rennie [2014] EWHC 4306 (Fam).

Full article: Tanfield Chambers

Vince v Wyatt; the value of a clean break order

The Supreme Court has told us that Ms Wyatt must explain and justify her reasons for delaying in making a claim, and that it is important to address the effect of delay on the Respondent.

Full article: Zenith Chambers

Final report of the Children and Vulnerable Witnesses Working Group: An overview for practitioners

The final report of the Children and Vulnerable Witnesses Working Group has now been delivered and follows the Interim Report released back in August 2014.

Full article: Family Law

Family Law Week’s Budget Briefing 2015

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 family lawyers.

Full article: Family Law Week

Mental Capacity Law Newsletter

Mental Capacity Law Newsletter.

Full article: 39 Essex Chambers (PDF)

Varying a Foreign Maintenance Order Post the Maintenance Regulation

James Roberts, barrister of 1 King’s Bench Walk, and Catherine Silwal , Senior Solicitor with KJ Smith Solicitors, analyse the law relating to variation of foreign maintenance orders and the effect of the EU Maintenance Regulation (Council Regulation (EC) No 4/2009).

Full article: Family Law Week

What are the changes to the Court of Protection Rules 2007 and why are they important?

The Court of Protection (Amendment) Rules 2015 amending the Court of Protection Rules 2007 were made on 4 March 2015 and laid before Parliament on 9 March 2015.

Full article: Family Law

Court of Protection Issues

This paper provides an overview of the procedure which has been put in place to implement the streamlined process by which the Court of Protection may authorise deprivations of liberty following the Supreme Court decision in P v Cheshire West and Chester Council and P and Q v Surrey County Council [2014] UKSC 19.

Full article: Thirty Nine Essex Street (PDF)

Unlocking the Funds for Justice - Pro Bono Costs

Cyrus Larizadeh, barrister of 4 Paper Buildings, explains the costs issues which arise where an advocate, acting pro bono, represents a successful party in care and/or placement proceedings.

Full article: Family Law Week

The ripples of Re B – for whom are judgments made? A case note on Re N-D [2014] EWCA Civ 1226

The case of Re N-D [2014] EWCA Civ 1226 is interesting as evidence of certain deficiencies within the current family appeal system.

Full article: Family Law

Finance Cases Review: March 2015

James Pullen of 29 Bedford Row reviews two of the key cases published in the last month, including the Supreme Court decision in Wyatt v Vince.

Full article: Family Law Hub

What price good child care? – Ms Wyatt and Mrs Wright ask

One thing is certain. You cannot rely on the tabloids (or some of the broadsheets) to gain an understanding of the impact of financial remedy decisions in the appellate courts.

Full article: Family Law

Pensions on divorce: equalisation of income or capital?

Rhys Taylor looks at the case law.

Full article: Family Law

Lawyers, Social Workers and the Proportionality Test

David Bedingfield, barrister of 4 Paper Buildings, considers the President’s judgment in A (A Child) [2015] EWFC 11 and the lessons to be derived by practitioners.

Full article: Family Law Week

Pitfalls for Single Parents in Surrogacy

Anne-Marie Hutchinson OBE, Partner, and Colin Rogerson, Solicitor Advocate, both of Dawson Cornwell, consider the options for single parents seeking legal parentage of children born through a surrogacy arrangement.

Full article: Family Law Week

Nuptial Agreements: The Search for Intention

Ben Wooldridge, pupil at 1 Hare Court, reviews the court’s treatment of nuptial agreements since Radmacher v Granatino [2010] UKSC 42, highlighting emerging trends and the growing significance of the parties’ intentions in determining enforceability.

Full article: Family Law Week

Unreasonable refusal to engage in mediation

Can a successful party’s costs entitlement be reduced by failure to engage in ADR?

Full article: Family Law

Children: Public Law Update (March 2015)

John Tughan QC of 4 Paper Buildings reviews recent judgments of particular importance to all practitioners in public children law.

Full article: Family Law Week

The President’s Address at the Annual Dinner of the Family Law Bar Association

Speech by Sir James Munby, President of the Family Division, at the Annual Dinner of the Family Law Bar Association on Friday 27 February 2015 at the Middle Temple.

Full speech: Family Law