Pensions transferred by terminally ill woman liable to IHT, Court of Appeal rules

HMRC win appeal where divorcee sought to prevent husband receiving any of her pension.

Full story: Family Law Week

Woman with learning difficulties not told she had contraceptive device covertly fitted

A young woman with learning difficulties should not be told she was covertly fitted with a contraceptive device as it would ruin her trust in her carers, a court has ruled.

Full story: The Telegraph

Many thousands of babies are living in households carrying very high risks: Children’s Commissioner

15,800 babies considered to be vulnerable or highly vulnerable are still living at home.

Full story: Family Law Week

Research launched to assess whether biased advice is distorting access to justice

A new research project will examine whether vulnerable people representing themselves in child court cases find themselves and their children put at risk by misinformed or biased online legal advice.

Full story: Family Law

“Vulnerable children will be victims” of Government’s failure to provide clarity - Lords warn Government over family justice system after Brexit

A “worrying level of complacency”, lack of clarity, and inadequate advice will have a devastating knock-on effect on the UK family law courts, and ultimately children – warns the House of Lords EU Justice Sub-Committee.

Full story: House of Lords

Government to amend deprivation of liberty scheme to cover 16- and 17-year-olds

Minister also signals further concessions on requirement to consult person subject to deprivation of liberty and on role of care home manager.

Full story: Community Care

Munby troubled by Court of Protection cases being 'transferred up'

Desperate parents are persuading less senior judges to transfer Court of Protection cases higher to force public authorities to act - a practice that the former president of the family division finds 'deeply troubling'.

Full story: Law Society Gazette

Family judge goes public to BBC on litigant in person headache

A leading family judge has taken part in a documentary highlighting the difficulties faced by litigants in person as a result of legal aid cuts.

Full story: Law Society Gazette
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C (An Infant), Re [2018] EWHC 2750 (Fam) (17 October 2018)

Judgment concerning withdrawal of medical treatment for two month old child with brain abnormality.

Full report: Bailii

AP v ALP [2018] EWHC 2758 (Fam) (02 February 2018)

Final hearing of big money financial remedies claim involving couple of Russian origin.

Full report: Bailii

H (Children) [2018] EWFC 61 (18 October 2018)

Care proceedings concerning two children, which took 116 weeks to resolve. Judgment considering what could be done to avoid delay, particularly caused by concurrent criminal proceedings.

Full report: Bailii

W.X.Y.Z. (Care Proceedings -NAI- EDS -Von Willebrand Disease) [2018] EWFC B62 (19 September 2018)

Care proceedings in relation to 4 children, including consideration of whether her medical history had any bearing upon injuries suffered by one child.

Full report: Bailii

Y (Autism -Care Proceedings- Deprivation of Liberty), Re [2018] EWHC B63 (23 April 2018)

Application for care order in respect of an autistic young person, and for an order declaring that it is lawful for the local authority to deprive him of his liberty.

Full report: Bailii
More cases...

Reform and the future of family justice: where is the court modernisation programme heading?

The following is an extract from a talk delivered by the immediate past President of the Family Division to the Cheshire and North Wales Resolution Family Law Conference at Chester on 25 September 2018.

Full article: Family Law

The Financial Remedies Court: Latest Developments

Matthew Richardson, family barrister at Coram Chambers, provides an update on the progress of the Financial Remedies Court and highlights that rollout dates are soon to be announced.

Full article: Family Law Week

Who must disclose what and when?

David Burrows investigates the power to order production of documents in family cases.

Full article: Family Law
More articles...

Funding family proceedings for the weaker spouse

A coalition of questions led me to think about legal services orders: the orders which enable judges, in the view of some husbands, to force them to pay their wives to sue them.

Full post: dbfamilylaw

Pension mention: Ensuring you know about pensions when you get divorced

Looking at an article in the Telegraph ‘Divorcing women should be shown value of their husband’s pension, Age UK says'.

Full post: The Transparency Project

Reporting restrictions on Bethany’s dad – children’s rights or concealing system failure?

On Saturday, the Times reported: ‘Father beats legal bid to silence him over autistic girl in hospital “cell” ‘ [paywall].

Full post: The Transparency Project

What is the legal test for taking a baby away before a final care order is made?

On 9th October 2018 the Nuffield Family Justice Observatory published a summary of its report ‘Born into Care: Newborns in Care Proceedings in England’.

Full post: The Transparency Project

A gasp factor and a gulp factor: bad conduct and the family assets

Today’s Guardian has an article entitled : ‘MP to call for ban on attempted murderers recovering joint assets’.

Full post: The Transparency Project
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