Law Commission seeks to simplify the law of child abduction and kidnapping

In a report published today, the Commission is recommending reforms that will clarify the offences of kidnapping and false imprisonment, and allow for the prosecution of parents who keep their children overseas in contravention of a court order or without permission of the other parent or guardian.

Full story: Family Law Week

Lack of legal aid in child cases soars

Increasing number of family law cases being heard without parties having legal representation, official auditors reveal.

Full story: The Guardian

Free relationship counselling for parents to rescue marriages

Work and Pensions Secretary Iain Duncan Smith says ministers will announce guidance for health visitors on how to 'recognise and respond to the signs of relationship difficulties'.

Full story: The Telegraph

Confusion for social workers as judge urges Supreme Court to reconsider deprivation of liberty stance

Expert says Court of Protection ruling "flies in the face" of landmark Cheshire West judgement handed down in March by Supreme Court.

Full story: Community Care

70,000 troubled families have had their lives turned around, report says

The government has issued a report detailing the progress it has made since it published 'Social Justice: transforming lives' in 2012.

Full story: Family Law

Parents face funding test to stop their children going into care

Parents facing the prospect of having their children taken away from them should have legal aid to fight their case, the Bar Council has said.

Full story: The Bar Council

New Practice Direction on deprivation of liberty comes into force

Practice Direction 10AA (Deprivation of Liberty Applications), supplementing the Court of Protection Rules 2007, comes into force today.

Full story: Family Law

Mostyn J calls for fixed pricing in ancillary relief cases

‘Totally disproportionate’ costs of £920,000 consume 32% of assets.

Full story: Family Law Week
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CL v MB [2014] EWHC 927 (Fam) (12 February 2014)

Child abduction proceedings concerning the return of a child to Spain.

Full report: Family Law Week

W (Children) [2014] EWCA Civ 1492 (20 November 2014)

Appeal against care and placement orders. Appeal dismissed.

Full report: Bailii

J v B [2014] EWHC 3588 (Fam) (10 October 2014)

The judge found pursuant to the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children 1996 that the child was habitually resident in Morocco and should be returned there.

Full report: Family Law

London Borough of Harrow v Rasul & Ors [2014] EWHC 3837 (Fam) (18 November 2014)

Care proceedings in respect of a one year old child, who was placed with grandparents.

Full report: Bailii

Rochdale Metropolitan Borough Council v KW & Ors [2014] EWCOP 45 (18 November 2014)

Judgment considering whether arrangement for the care of a mentally incapacitated adult amounted to a deprivation of liberty.

Full report: Bailii
More cases...

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

Speech by Mr Justice Cobb at the 2014 Association of Lawyers for Children conference

Seen but not heard?

Full speech: Association of Lawyers for Children (PDF)

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
More articles...

Nothing else will do – In which Nails are placed in coffins, and heads of pins are danced upon

The third Court of Appeal decision in a month to backtrack from “nothing else will do” and this one does so very powerfully - CM v Blackburn with Darwin Council 2014.

Full post: suesspiciousminds

Committal judgments should be published

A summary of Justice for Families Ltd v Secretary of State for Justice [2014] EWCA Civ 1477 (14 November 2014).

Full post: Family Lore

What to consider when instructing experts in financial cases

Suzanne Todd, a partner in the Family Law team at Withers LLP, examines what impact the changes relating to the use of expert evidence in family proceedings have had in practice.

Full post: Family Law Blog

No search results found for your query ‘indirect contact’

No one ever had any statistics for how many orders for indirect contact eventually blossomed into direct contact or how many simply withered on the vine.

Full post: Pink Tape

Briefing paper on non-consensual adoption and the law

This paper sets out, only briefly, some of the legal issues that have arisen in relation to the policy push for adoption.

Full post: Celtic Knot
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