Children: Private Law Update (Spring 2018)

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

Full article: Family Law Week

Approach when a local authority seeks permission to withdraw application for care order

Maud Davis says the judgment in A local authority v A mother and others makes it clear that the risk of significant harm has to be established on the basis of evidence, and not ‘assumptions or speculation on future behaviour’.

Full article: Family Law

Waggott v Waggott: in support of the clean break

The case of Waggott v Waggott is being hailed by some as the end to the ‘meal ticket’, but the decision in respect of periodical payments is perhaps not surprising, there are few cases these days where a ‘joint lives’ order is the eventual outcome.

Full article: Family Law

Lady Hale at Resolution's 30th National Conference, Bristol

Keynote Speech - Resolution’s 30th National Conference, Bristol - Lady Hale, President of The Supreme Court - 20 April 2018.

Full speech: Supreme Court

Analysing the Government response to the review of the law on deprivation of liberty

Ben Troke, partner at Browne Jacobson LLP, discusses the Government’s proposals and assesses whether they go far enough, as well as the likely timescales involved in implementing them.

Full article: Family Law

Court of Protection approves administration of medication by deception

 Alex Ruck Keene, barrister, of 39 Essex Chambers, examines the decision of the Court of Protection in Re AB to approve deceiving a person lacking mental capacity in order to administer her medication.

Full article: Family Law

The courts’ jurisdiction to vary capital orders

Clare Williams examines the limited scope for the variation of capital orders, and diverging judicial views on the jurisdiction of the court to make an interim order for sale, in the case of SR v HR where an added complication was the bankruptcy of the husband.

Full article: Family Law

New Resolution Chair addresses National Conference

Earlier today (20 April), Margaret Heathcote became National Chair of Resolution. Here is her inaugural address to the 30th National Conference, taking place in Bristol on 20-21 April.

Full article: Resolution

Getting the Most Out of Independent Reviewing Officers in Care Proceedings

Gabrielle Jan Posner, Barrister and Recorder, Trinity Chambers Chelmsford, argues for a more involved role for IROs in care proceedings.

Full article: Family Law Week

Finance and Divorce Update, April 2018

Claire Molyneux Senior Associate, and Naomi Shelton, Associate, Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during March 2018.

Full article: Family Law Week

Shared care arrangements in relocation cases

Richard Jones, barrister at 1 Garden Court Chambers, discusses the practical implications of the judgment in JAL v LSW, which concerns how the courts should approach relocation cases where care of the child has been shared.

Full article: Family Law

Forced Marriage: protective measures for children and young people in the family courts and the court of protection – part 2

In the second of two articles concerning the development of the law in relation to forced marriage and the protective remedies available for children and young people, Judith Pepper, barrister of Four Brick Court, examines the remedies available for adults.

Full article: Family Law Week

Forced Marriage: protective measures for children and young people in the family courts and the court of protection – part 1

Judith Pepper, barrister of 4 Brick Court, examines in the first of two articles the development of the law in relation to forced marriage and the protective remedies available for children and young people, focusing on the protective measures available by utilising the inherent jurisdiction of the court.

Full article: Family Law Week

Leave to remove post-Brexit: appealing an appeal

In the recent case of L v F the Court of Appeal reinstated a first instance judgment that refused to grant a mother permission to relocate to Italy with the parties’ child. The case offers a reminder of the approach that the court must take when deciding whether or not to grant an appeal.

Full article: Family Law

Al and technology in family law

Could family law benefit from artificial intelligence (Al)? It has already proved its worth in huge-scale disclosure, but could it, say, draft a pre-nup?

Full article: Family Law

Australia ends requirement to file exhibits at the family court: should England and Wales follow suit?

A recent change in the rules of the family court in Australia ends the requirement for exhibits both generally and specifically to be filed at the court. Should England and Wales be following suit?

Full article: Family Law

Lower Tier Members of the Hague Club?

Elisabeth Andrews, Pupil Barrister at 4 Paper Buildings, considers the difficulties faced by countries aiming to become new members of the Hague Convention 1980 and what influence Pakistan’s accession may have in terms of encouraging other South Asian and Muslim countries to follow suit.

Full article: Family Law Week