Do MIAMs work?

Are pre-court mediation intake assessment meetings increasing the number of cases we actually mediate or are they a pointless pre-court procedure? asks Mary Banham-Hall.

Full article: Law Society Gazette

Surrogacy update – June 2016

Andrew Powell, barrister, 4 Paper Buildings, reviews recent important judgments concerning surrogacy law.

Full article: Family Law Week

Shaking up the cost rules

Should the 'no order' principle be changed in financial remedy cases, wonders Marilyn Stowe.

Full article: Solicitors Journal

Brexit and national family law

David Hodson OBE sets out some preliminary reflections on the impact on domestic, national family law of the UK voting to leave the EU.

Full article: Family Law

Variation of orders under the maintenance regulation: a nod to substantive harmonisation?

It is no secret that over the last 20 years the legislators of the EU have been pushing a process of harmonisation of European family law in areas of procedure, jurisdiction and conflicts of law and recognition and enforcement of judgments.

Full article: Family Law

Brexit and international family law

This note is exclusively on family law but is part of the bigger political and legal picture.

Full article: Family Law

Domestic violence: where are we now?

As recently as 10 years ago, police and prosecutors in the UK turned a blind eye to domestic abuse, considering it unimportant and ‘lesser’ to other forms of violence.

Full article: Family Law

Judicial discretion in proprietary estoppel claims

Lord Justice Lewison's decision in Davies and Another v Davies [2016] EWCA Civ 463 involved an analysis of the broad judgmental discretion required to adjudicate a proprietary estoppel claim.

Full article: Family Law

Missed opportunity to give children a voice: Re D (A Child) [2016] UKSC 34

Family lawyers’ hopes to receive guidance from the Supreme Court on the fundamental principle of a child’s right to be heard in family cases were dashed when the Supreme Court unanimously dismissed a father’s appeal against the decision of the Court of Appeal.

Full article: Family Law

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

Alex Laing, barrister of Coram Chambers, considers the interrelationship of the inherent jurisdiction and secure accommodation.

Full article: Family Law Week

Another witches' brew: Pensions on divorce

This paper provides an up-to-date review of the treatment of pensions on divorce in light of the recent 'pension freedom' changes, state pension changes and up-to-date case-law.

Full article: Family Law

Family Assistance Orders: Could more use be made of them?

Gabrielle Jan Posner, Barrister and Recorder, Trinity Chambers Chelmsford, draws practitioners’ attention to resource underused in both private and public law children cases.

Full article: Family Law Week

Open Family Courts: Transparent justice or privacy invasion?

Is allowing unwarranted attention to be turned to famous divorcing couples the price you pay for an open court? What is, and how do you find, a good balance, asks Pippa Allsop.

Full article: Solicitors Journal

Children: Private Law Update (June 2016)

Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.

Full article: Family Law Week

Hart to Hart

The newspaper headlines in respect of the case of Hart v Hart [2016] EWCA Civ 497, which was the husband's application for permission to appeal, reflected only a very small part of the husband's grounds of appeal.

Full article: Family Law

Under pressure: How the rise in care applications is squeezing the system

Care applications are at an all-time high and experts warn that this is increasing the risk of serious mistakes being made.

Full article: Community Care

Family law at a distance

Speech by Lord Sumption, At a Glance Conference 2016, Royal College of Surgeons 8 June 2016.

Full speech: Supreme Court (PDF)

We need to talk about the children

One of the hardest things for parents following separation is continuing the conversation about what their children need in order to keep channels of communication open, and to continue to parent as part of an effective working relationship.

Full article: Family Law

International Children Law Update: June 2016

Jacqueline Renton, barrister of 4 Paper Buildings, reviews the latest key decisions in international children law.

Full article: Family Law Week

Finance & Divorce Update June 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 May 2016.

Full article: Family Law Week

Private lives not private after all?

Should financial remedy claims be heard in public or private, and what will the long-term consequences be for the rule of law?

Full article: Family Law

Baby relinquished for adoption – case management

How should a local authority approach a case where a baby is relinquished for adoption at birth by parents whose home country is not (or not necessarily) the United Kingdom and his or her parents do not seek to contest an adoption in the UK?

Full article: Park Square Barristers

Conduct versus Needs

Christopher Ferguson considers a case in which conduct was raised.

Full article: Park Square Barristers

Serious Parental Alienation – The Approach of the Courts and Practitioners in 2016

Francesca Wiley QC of 1 Garden Court Family Law Chambers considers how the landscape is changing in the courts’ and practitioners’ attitudes to intractable contact cases.

Full article: Family Law Week

Human Fertilisation and Embryology Act Incompatible with Convention Rights

Catriona Stirling considers the case of Z (a child) (No.2), in which Sir James Munby has made a declaration under s.4 HRA that s. 54(1) HFEA is incompatible with Article 8 together with Article 14 ECHR.

Full article: Cloisters

PSL Essential Update - Motivational May

We've made it through May, with its unpredictable weather systems, a peppering of guidance and some headline-hitting cases.

Full article: Family Law