Wife fails to overturn financial award made in arbitration

A recent decision in the High Court upholding a financial award made in arbitration confirms the courts’ support for arbitration in financial proceedings. It also acts as a warning to anyone seeking to appeal a family arbitral award.

Full article: Family Law

Public law children cases: improving parental situations, robust case management and judicial pressure

Georgina Dalton rounds up the latest children law cases, including rulings on improvements to parents' situations, unfair judicial pressure, and deprivations of liberty of 16-17 year olds.

Full article: Local Government Lawyer

Court of Appeal orders early neutral evaluation despite party objection

The Court of Appeal has held that the court has power to order an early neutral evaluation by a judge even where one or more parties do not consent to that course.

Full article: Family Law

The Supreme Court’s Judgment on the Limits of the Exercise of Parental Responsibility

The focus of this case is whether the confinement of a young person aged 16-17 years-old, found not to be Gillick competent, amounted to a deprivation of his liberty where his parents had consented to such confinement.

Full article: Family Law

When One Parent Kills Another – how should the family court approach this?

Care proceedings where one parent has killed the other are particularly tragic for the children involved. This article considers some of the issues that arise in these cases and explores some of the case law when dealing with the death of one parent killed by the other.

Full article: Family Law Week

Acting on Financial Provision - Baroness Deech

Below is the speech by Baroness Deech given at this year's At A Glance Conference.

Full article: Class Legal

Does the legal definition of a 'mother' suit modern society?

We recently saw the High Court decide that a transgender man who gave birth with the help of fertility treatment cannot be legally registered as the father (or parent) of his child. The case has also provided the first legal definition of a mother.

Full article: Family Law

Children: Private Law Update (Autumn 2019)

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

Full article: Family Law Week

Case Summary: AR v ML [2019] EWFC 56

This was an appeal by H against an order which adjourned a final hearing - after it had concluded and the judge had delivered an ex tempore judgment - in order to provide W with an opportunity to provide new evidence to the court so that the judge may alter her initial judgment.

Full article: Class Legal

The limits of the inherent jurisdiction (1)

Mr Justice Cobb recently handed down two important decisions on the scope of the inherent jurisdiction at the border of the Mental Capacity Act 2005.

Full article: Local Government Lawyer

Applications to the Court of Protection: The Notification Process

The Court of Protection is unable to make a Deputyship order unless the appropriate notification process has been followed by the applicant.

Full article: Family Law

Financial Remedy & Divorce Update, October 2019

Naomi Shelton, Associate, Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during September 2019.

Full article: Family Law Week

Paternity issues: AB v CD [2019] EWHC 1695 (Fam)

This case concerns the very difficult situation in which the issue of disputed paternity only comes to light years after the child’s birth, when the child (and the father) have always believed that he is the biological father, but in fact it transpires that this is not the case.

Full article: Family Law

Gender recognition and parenthood

Jeremy Ford, a Solicitor-Advocate at Cambridge Family Law Practice, acted pro bono on behalf of the Litigation Friend for the child at the centre of the landmark case of TT v Registrar General of England and Wales and Secretary of State for Health and Social Care heard by the President of the Family Division.

Full article: Family Law

Family advocacy: An art or a craft?

June Venters QC explains how to prepare to be an advocate in a family children’s proceedings case.

Full article: The Law Society

Surrogacy: BBC Radio 4’s ‘The Archers’ storyline highlights legal issues for parents

Rachel Cooper, barrister, Coram Chambers, discusses current UK surrogacy legislation in relation to modern reproductive practices.

Full article: Family Law Week

Challenging a nil assessment by the Child Maintenance Service: part one

This is the first of two articles concerning challenging a nil assessment by the Child Maintenance Service. This article covers two potential routes for applying for variation: income not yet taken into account, and diversion of income.

Full article: Family Law Hub

Capitalised maintenance: a court-free solution?

The court’s unpredictable approach means alternative resolution could be the logical choice, argue Kim Beatson and Victoria Brown.

Full article: Family Law