Compensation in Financial Remedies Cases – Parthian Shots and The Emperor’s New Clothes

Joshua Viney of 1 Hare Court and Matthew Brunsdon-Tully of 1 Hare Court and St John’s Chambers examine the issue of compensation in spousal maintenance claims.

Full article: Family Law Week

Obtaining exceptional funding under LASPO – is it worth applying? (Yes)

Carol Storer of the Legal Aid Practitioners Groupand Tom Royston of Garden Court North look at the legal challenges around s 10 LASPO.

Full article: Family Law

Adoptions outside of care proceedings

The legal test for the court making a Placement Order in care proceedings is that 'nothing else will do'. What has been somewhat less clear is whether 'nothing else will do' is also the test for a court when considering an adoption where the mother is relinquishing the child for adoption, or in step-parent adoptions.

Full article: Family Law

Cutting edge in family law

Mediation will never replace litigation, says Marilyn Stowe, but nevertheless should be nurtured as a valuable adjunct.

Full article: Solicitors Journal

Mediation Matters: Unlocking an understanding of mediation

It’s not traditionally noted for major Government statements, but this month saw one of the most significant announcements affecting family law and mediation for some time.

Full article: Family Law

Civil partnerships and equal marriage: the current position

Hannah Saxe of Irwin Motchell looks at the current state of the law.

Full article: Family Law

Judicially approved voyeurism

Once upon a time, we were able to say to our clients - with a degree of confidence - that their laundry, dirty or otherwise, would be safe with us.

Full article: Family Law

Court of Protection Update (August 2014)

In this update Sally Bradley and Julia Townend, barristers of 4 Paper Buildings, focus on developments in the law concerning capacity to consent to sexual relations.

Full article: Family Law Week

Transparency – essential update

The President of the Family Division Sir James Munby has released a Consultation Paper regarding ‘Transparency – The Next Steps’.

Full article: Family Law

Transparency - The Next Steps: A Consultation Paper issued by the President of the Family Division

A key element of the family justice reforms is the transparency agenda – finding ways of opening up the workings of the Family Court to public scrutiny so as to increase understanding of what we do and how we do it, whilst at the same time preserving confidentiality and respecting the private and family lives of those whom the system serves.

Full article: Family Law

13th View from the President's Chambers

The process of reform: an update.

Full article: Family Law

Relatives, culture and cultural relativism

The High Court have been dealing over the last year with a restructuring of principles – removing the patrician idea that the English Courts are always best placed to deal with children who are in the UK but have a parent from another part of the world.

Full article: Family Law

On an equal footing

Family practitioners must always have one eye on the court’s overriding objective, says Ed Heaton.

Full article: New Law Journal

Applications made without notice

Mr Justice Mostyn has recently issued guidance in relation to applications made without notice, which has been circulated via designated family judges. The purpose of this article is to distil the principles set out in that guidance.

Full article: Law Society Gazette

The Children and Vulnerable Witnesses Working Group – Essential Update

The President’s 12th View set out three main aims for the Children and Vulnerable Witnesses Working Group headed by Hayden J and Russell J. The Working Group has now published an interim report, a summary of which is set out below.

Full article: Family Law

The Financial Remedies Working Group – Essential Update

The dust is only just starting to settle following the April 2014 changes in the family law arena, but now two reports have been published dealing with further changes to family proceedings.

Full article: Family Law

Ordinary Residence: Can the ‘Shah test’ survive after Re A and the Cornwall Council case?

Jennifer Perrins, barrister of 1 King’s Bench Walk, and Amy Rowe, associate solicitor with Bindmans LLP, consider whether the test of ordinary residence is distinctive from that of habitual residence.

Full article: Family Law Week

Is the Family Court committed to committal?

Although still a measure of last resort, it seems from recent cases that the Family Court is becoming increasingly willing to commit those in breach of financial remedy orders.

Full article: Family Law

Court authorised Deprivations of Liberty in a post-Cheshire West world

On 7 August 2014, Sir James Munby, President of the Court of Protection handed down his judgment in respect of the practical and procedural implications following the Supreme Court judgment in Cheshire West.

Full article: Family Law

Finance & Divorce Update August 2014

Jessica Craigs, senior solicitor with Mills & Reeve LLP analyses the financial remedies and divorce news and cases published in July.

Full article: Family Law Week

Child Maintenance Service to replace Child Support Agency - but is it better?

Reforms to the vexed question of child support payments by absent parents mean extra charges for both sides.

Full article: The Independent

Family justice system reform: what's changed?

Interview with Jo Edwards, Chair, Resolution and Susan Jacklin QC, Chair, Family Law Bar Association.

Full article: Resolution

Revisiting Habitual Residence – The Court of Appeal Decision in Re H

Deirdre Fottrell, Barrister of One Garden Court, considers the parameters of habitual residence and jurisdiction in the light of Re H (Jurisdiction) [2014] EWCA Civ 1101.

Full article: Family Law Week

Reporting restrictions in financial remedy proceedings: a review after case management in Cooper-Hohn v Hohn

The careful judgement of Roberts J in Cooper-Hohn v Hohn [2014] EWHC 2314 (Fam) prompts thoughts on publicity in financial remedy proceedings.

Full article: Family Law

Non-legally trained mediators: a Tour de Farce?

Mediation in family disputes is a threat to justice, believes Marilyn Stowe.

Full article: Solicitors Journal

Mapping Paths to Family Justice

The Mapping Paths to Family Justice project’s central aim was to provide much needed evidence about the awareness, usage, experience and outcomes of the different ‘alternative’ or ‘out of court’ Family Dispute Resolution processes.

Full article: Family Law

Children will be seen and heard – now they must be understood

Justice Minister, Simon Hughes’ recent announcement that the voice of the child will feature more prominently in deciding family law cases is to be welcomed, but will the proposed measures be enough to ensure that children are not only heard, but understood?

Full article: Family Law

Crime and Punishment

So now Michael Prest has been given a prison sentence - albeit suspended - for failing to pay arrears of maintenance to his ex wife, Yasmin.

Full article: Family Law