Human Rights Act Claims and Care Proceedings: A New Dawn

Will Tyler QC and Ben Mansfield, both of 36 Family, who jointly represented the Local Authority and Father in Northamptonshire County Council & Anor v The Lord Chancellor (via the Legal Aid Agency) [2018], consider the important new Guidance from the Legal Aid Agency, appended to the judgment, which confirms a fundamental change in the Lord Chancellor’s position.

Full article: Family Law Week

When does a marital contribution become special?

Over 10 days in June 2017 Mr Justice Baker heard an application made by the wife for a financial order. Judgment was handed down to the parties six months later in December 2017, but was not made public until mid-June owing to reporting restrictions (see XW v XH [2017] EWFC 76).

Full article: Family Law

The risks to litigants in person when cross-examining psychologist expert witnesses

Many psychologist expert witnesses, from professional bodies (British Psychological Society) to more informal expert witness networks, have raised concerns about the impact of this practice.

Full article: Family Law

Speech by Lord Justice McFarlane: Families Need Fathers Conference 2018

Keynote Address by Lord Justice McFarlane 25 June 2018.

Full speech: Courts and Tribunals Judiciary

Family Mediation: Piercing the cloak of confidentiality

Deborah Eaton QC, 1 Kings Bench Walk, Hassan Khan, 4 Paper Buildings and Mark Irving, Harbottle & Lewis examine whether mediation agreements are always susceptible to privilege, following Mr Justice Williams’s judgment in BL v TC & OD [2017] EWHC 3363.

Full article: Family Law Week

How far will the Supreme Court go as it tackles Owens v Owens?

On 17 May, the Supreme Court heard the case of Owens v Owens. It is the first time that the ‘fault based’ divorce provisions in the Matrimonial Causes Act 1973 (MCA 1973) have been considered by the highest court.

Full article: Family Law

Villiers - a cross border conundrum

Lucia Clark, Partner (dual-qualified in English and Scottish family law) and Alex Critchley, Solicitor, both of Morton Fraser LLP consider the implications of the recent Court of Appeal judgment in Villiers v Villiers.

Full article: Family Law Week

Special Guardianship Orders Clarified: 10 Points to Note

On 18th June 2018, the Court of Appeal  handed down judgment in the case of In the matter of P-S (Children) unanimously allowing an appeal by the children’s guardian.

Full article: St Ives Chambers (PDF)

Divorce beauty parades: genuine market research or litigation manoeuvring?

This article considers the decision in ZS v FS [2017] EWHC 2660 (Fam), in which a husband failed in his application to prevent his ex-wife’s solicitor from acting.

Full article: Family Law

Owens: unreasonable behaviour on trial

How far will the Supreme Court go as it tackles Owens v Owens, asks Simon Blain.

Full article: New Law Journal

Finance and Divorce Update, June 2018

Naomi Shelton, Associate, Mills & Reeve LLP considers the news and case law relating to financial remedies and divorce during May 2018.

Full article: Family Law Week

Varying your child maintenance: it can pay dividends!

Using a fictitious scenario Gwyn Evans, barrister, Tanfield Chambers highlights legal and practical issues relating to child maintenance.

Full article: Family Law Week

Limits on transparency in the family courts

Following a judge’s decision in 2002 that a girl should live with her father, the Family Division in Re G (A Child) refused a recent application by the girl’s older half-brother for access to all the files in the 2002 proceedings, and also refused the mother’s application for the removal of the undertaking she had given the judge not to communicate with the media.

Full article: Family Law

Enhancing the rights of grandchildren to see their grandparents

Julie Stather, barrister, Crown Office Row, Brighton advances the case for reform of the law relating to the rights of grandchildren to see their grandparents.

Full article: Family Law Week

Children: Public Law Update (June 2018)

John Tughan QC of 4 Paper Buildings reviews recent, important Children Public Law cases.

Full article: Family Law Week

Foreign pre-nup, English divorce? What’s the deal?

It is not at all uncommon for international couples who marry abroad to have entered into a pre-nuptial agreement or a ‘matrimonial property regime’.

Full article: Family Law