Next President of the Family Division among family lawyers honoured at LALYs

The incoming President of the Family Division, Sir Andrew McFarlane, was awarded the Outstanding Achievement award at the Legal Aid Lawyer of the Year Awards 2018 (LALYs).

Full story: Family Law

Chronic lack of secure accommodation demands urgent action, judge reminds government

Court told 'very serious' ongoing secure unit beds backlog means councils are unable to make adequate plans for extremely vulnerable young people.

Full story: Community Care

Husband wins Supreme Court appeal against order to pay all wife’s rental costs

First instance judge was entitled to decline to vary periodical payments order.

Full story: Family Law Week

Accommodation under s 20 agreement was lawful without parents’ informed consent

Parents’ appeal fails in Supreme Court.

Full story: Family Law Week

Joint call for urgent ban on cross-examination of domestic abuse victims by alleged perpetrators

Resolution, The Law Society and Women’s Aid have issued a joint call to the Government to urgently bring forward promised legislation banning the cross-examination of domestic abuse victims by alleged perpetrators in the family courts.

Full story: Family Law

Latest HCCH Judges Newsletter on International Child Protection focuses on the voice of the child

The Hague Conference on Private International Law (HCCH) has published Vol XXII of the Judge's Newsletter on International Child Protection.

Full story: Family Law

Implementation of Guardianship (Missing Persons) Act 2017 delayed indefinitely

The Government has confirmed that implementation of the Guardianship (Missing Persons) Act 2017 has been delayed indefinitely.

Full story: Family Law

Courts Service to up the ante on digital divorce and probate

The next year of the court modernisation programme will see digital end-to-end services for divorce, probate, and money claims for under £10,000, according to HM Courts and Tribunals Service.

Full story: Legal Futures
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ABCDE, Re [2018] EWHC 1841 (Fam) (16 July 2018)

Application by a local authority for permission to withdraw care proceedings in respect of five children, including consideration of costs order against local authority.

Full report: Bailii

D (A Child) (Temporary Relocation) [2018] EWHC 1571 (Fam) (23 May 2018)

Appeal against order allowing mother to remove child temporarily to Japan. Appeal allowed.

Full report: Bailii

M v M [2017] EWCA Civ 129 (01 February 2017)

Appeal by wife against refusal to upwardly vary spousal maintenance order. Appeal allowed.

Full report: Bailii

Mills v Mills [2018] UKSC 38 (18 July 2018)

Appeal by husband against order increasing spousal maintenance, on the basis that the increase took into account the wife's housing costs, which had already been provided for in the capital settlement. Appeal allowed.

Full report: Bailii

Williams & Anor v London Borough of Hackney [2018] UKSC 37 (18 July 2018)

This appeal considered the lawfulness of the accommodation of the appellants’ children by the respondent under the Children Act 1989, s 20.

Full report: Bailii
More cases...

Surrogacy and HFEA Update: July 2018

Andrew Powell, barrister of 4 Paper Buildings, considers recent important judgments concerning surrogacy and highlights the focus of the Law Commission’s review of the law of surrogacy.

Full article: Family Law Week

Divorce & Financial Remedy Update, July 2018

Sue Brookes, Principal Associate and Rose-Marie Drury, Senior Associate, both with Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during June 2018.

Full article: Family Law Week

Stand by your man? The clash of criminal law and family law concerning inter-spousal transfers of assets

The judgment of the Court of Appeal in R v Hayes [2018] EWCA 682 is a stark and unsettling reminder of how occasionally a family court and a criminal court may deliver contradictory judgments on the same facts.

Full article: Family Law
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Supreme Court emphasises councils’ duties to inform parents fully about s. 20

Williams v LB Hackney is a widely awaited judgment from the Supreme Court because the issues centred on the lawful use of s 20 Children Act 1989 – known as ‘voluntary accommodation’.

Full post: The Transparency Project

Marital agreements—sharing, needs and foreign property regimes

Jennifer Perrins, barrister at 1KBW, considers the case of Versteegh v Versteegh on the importance of legal advice in relation to a pre-marital agreement, whether a party has ‘a full appreciation of the implications’ and the appropriateness of making a ‘Wells order’.

Full post: Family Law Blog

Are ‘Thousands misusing abuse orders to get legal aid?’

Twitter commentators asked questions last week of a BBC headline: Thousands misusing abuse orders to get legal aid, says parenting charity.

Full post: The Transparency Project

This is your pilot speaking…brace for impact

There is a new pilot scheme running, which allows parents in certain court areas (including my own) to submit their applications for a Child Arrangements Order (form C100) in an online format.

Full post: Pink Tape

Parents refusing to participate

O (A Child : Fact Finding Hearing – Parents Refusing to Participate) [2018] EWFC 48 (29 June 2018).

Full post: suesspiciousminds
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