Surrogacy law needs parental guidance

Law Commission suggests legislation is not keeping pace with social change.

Full article: Law Society Gazette

Everything You Need To Know About Secrecy In The Family Courts

One of the central principles of the family justice system has long been ensuring the privacy and confidentiality of the families involved.

Full article: RightsInfo

The legality of secret recordings

It is becoming more common for clients to ask whether they can record meetings with professionals or film their ex-partner who behaves one way in court and quite another at handovers. How else can they prove their point when it's just their word against the other party's?

Full article: Solicitors Journal

Seen and heard? Children as witnesses in family proceedings

Damian Stuart, Barrister, FOURTEEN, re-visits Baroness Hale’s seminal speech in Re W (Children) (Abuse: Oral Evidence) in the light of Lord Justice McFarlane’s recent judgment in Re E (A Child).

Full article: Family Law Week

The CJEU rules on rights of residence of non-EU nationals on divorce

Secretary of State for the Home Department v NA has significant ramifications on the rights of residence of non-EU citizens going through divorce proceedings in the UK.

Full article: Family Law

Finance & Divorce Update, July 2016

Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during June 2016.

Full article: Family Law Week

Update of Bills and new ideas in family law

Despite a very busy few weeks in the run-up to Brexit and its aftermath, child welfare concerns have remained in the spotlight. Here are the latest Bills, ideas and updates in the sector, which make for very interesting - and, at times, controversial - reading.

Full article: Family Law

Proprietary Estoppel: Recent Updates

In recent months the Court of Appeal has had two opportunities to consider the principles of proprietary estoppel. George Mallet examines the recent decisions in this Alerter.

Full article: Henderson Chambers (PDF)

No Nisi, No Dice.

In K v K (Financial Remedy Final Order prior to Decree Nisi) 2016 EWFC 23, Cobb J remitted a case for rehearing on the basis that the trial judge had made an order prior to the grant of decree nisi of divorce.

Full article: Tanfield Chambers

Parents with disabilities

It is entirely common for care proceedings to involve parents with learning disabilities or difficulties. This case is essential reading for all practitioners involved in such cases.

Full article: Park Square Barristers

Surrogacy – Child Arrangement Orders

This article summarises the recent landmark decision in Re Z (surrogacy agreements) (Child Arrangements Orders) [2016] EWFC 34 whereby the Court awarded full care of the child to the surrogate Mother.

Full article: Park Square Barristers

The Child Support Agency is disappearing – but what about maintenance still owed for children?

As part of the process of replacing the Child Support Agency with the Child Maintenance Service, arrears being transferred to the latter are likely to sit untouched and uncollected, explains Janet Allbeson.

Full article: London School of Economics

Needs Must! Family Justice Council provides guidance for financial orders in 'needs' cases

'The law relating to financial orders is inherently unclear. It is not possible to discern from the statute what the law requires, although the courts and family lawyers administer the law with confidence'.

Full article: Family Law

EU refuses to reform divorce forum jurisdiction, but 'speeds up' child abduction

The European Union last week (30 June 2016) adopted the European Commission's proposals for reform of Brussels II, the Brussels Regulation.

Full article: Family Law

Ordering the would-be undertaker: the equitable reach of the Family Court

Norma Cronin, solicitor at Hughes Fowler Carruthers and Mark Ablett, Senior Paralegal at Hughes Fowler Carruthers and soon to be pupil barrister at 1 Garden Court Family Law Chambers consider the troublesome issue of enforcement of undertakings in financial remedies cases.

Full article: Family Law Week

Occupation Orders: Are we there yet?

Kevin Gordon, Pupil Barrister, Coram Chambers explores the courts’ developing approach to the application and granting of occupation orders under section33 (6) and (7) of the Family Law Act 1996 as an updated summary guide to practitioners.

Full article: Family Law Week

And There Lurks the Minotaur: The Interrelationship Between the Inherent Jurisdiction and Section 25, CA 1989: Part II

Alex Laing, barrister of Coram Chambers, considers further the interrelationship of secure accommodation and the inherent jurisdiction and the principles which should govern its use.

Full article: Family Law Week

Financial remedies pot pourri (February 2016 to June 2016)

The article continues Christopher Sharp QC’s regular reviews of the more important recent financial remedy cases, this one covering the period from February 2016 to mid-June 2016.

Full article: Family Law

Surrogacy laws due for reform

Megan Bennie explains why change is needed in the law on single parents in surrogacy agreements.

Full article: Solicitors Journal

Guidance on applying the law on deprivation of liberty

Legal trainer Belinda Schwehr interprets the Supreme Court's 'acid test' as part of an analysis of the law on deprivation of liberty.

Full article: Community Care

Re D (A Child): a decision of its time?

Katy Chokowry and Nicholas Anderson, barristers of 1 King’s Bench Walk, explain the rationale of the Supreme Court’s judgment in Re D (A Child) and consider the lessons that survive form the Court of Appeal’s judgment.

Full article: Family Law Week