Consent order guidance

The Law Society and Resolution have jointly produced new guidance on the preparation of draft proposals and terms following a successful outcome from mediation. It is relevant to all mediators regardless of profession of origin.

Full article: The Law Society

Vulnerable witnesses and parties in the Family Courts

Natalie Cross summarises important guidance on the approach to be taken to vulnerable witnesses and parties in the Family Courts.

Full article: Local Government Lawyer

Hawala: why it is used and what family practitioners should know about it

Byron James, Partner and Head of Expatriate Law in Dubai, explains the challenges presented to family lawyers by an effective method of anonymous international money transfer system used around the world.; why and what family practitioners should know about it.

Full article: Family Law Week

Good practice for lawyers towards litigants in person

Despite there being a variety of reasons why someone may choose to represent themselves in the family courts – this decision isn’t an anomaly. Now only 20% of family court cases have both parties represented.

Full article: Family Law

30 Years of the Children Act 1989

Scarman Lecture 2019, Law Commission, London - Lady Hale, President of the UK Supreme Court,
13 November 2019.

Full speech: Supreme Court (PDF)

Transfer of residence should not be seen as a “last resort” even in the absence of a finding of “parental alienation” or “intractable hostility”

Two cases decided in 2019 consider further the question of transfer of residence in cases where a child is found to be suffering harm as a result of one parent’s fixed view of the other.

Full article: Becket Chambers

Family Proceedings and Mental Health

Following on from World Mental Health Day last month, Family & Civil pupil Claire Garton discusses mental health and the numerous ways it can impact upon care proceedings.

Full article: KCH Garden Sq

Committal proceedings: how important is it for the respondent to be represented? Re O (committal: legal representation) [2019] EWCA Civ 1721

This article concerns a case before the Court of Appeal: the appellant mother had been imprisoned for four weeks for repeatedly breaching an order that she return the parties’ children to the respondent father (in Mexico). The appellant successfully appealed on one procedural ground: that she had not been represented.

Full article: Class Legal

Family courts need help on domestic abuse

Allegations of domestic abuse are made in more than half the cases heard by the family courts of England and Wales, the president of the High Court family division said last week. Why are they so difficult to resolve?

Full article: Law Society Gazette

Parental alienation: treading a treacherous path

A Bristol judge has decided to publish his decision in an exceptional case of parental alienation.

Full article: Family Law

Breakdown cover

David Burrows provides a rundown of child support appeals to the First-tier Tribunal & Upper Tribunal.

Full article: Family Law

Thirty years on, has the Children Act changed family life for the better?

Politicians, social workers, parents and legal experts discuss whether the far-reaching act has been successful at putting children’s interests first.

Full article: The Guardian

Financial Remedy Update, November 2019

Sue Brookes, Principal Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during October 2019.

Full article: Family Law Week

Meeting income needs from capital

Two of the most recent issues which have been considered by the Family Court are as follows: Whether an earning capacity is a matrimonial asset to which the sharing principle applies; and: In a sharing case, to what extent is it fair that a wife is required to use her share of capital to meet her income needs, whereas the husband will meet his income needs from future income?

Full article: Law Society Gazette