The Family Law newsletter provides you with all the latest news, judgments, articles and guidance to ensure you are up to date with the latest developments and their impact on practice.
News
Family Law Panel awarded specialist support and investment11 March 2016
The Family Law Panel, a nationwide consortium of experts dedicated to supporting families in navigating the legal process, has been awarded a specialist social venture investment to help it grow and release its full potential.
Care applications received by Cafcass hit all-time high in February 201611 March 2016
Figures released by Cafcass show that the number of care applications received in February 2016 increased by 27% from those received in February 2015. A total of 1,225 care applications were received.
10 per cent increase in private law cases received by Cafcass in February11 March 2016
Figures released by Cafcass show that, in February 2016, the number of private law cases received increased by 10% from February 2015 levels. A total of 3,237 new cases were received.
EU proposes accession to Istanbul Convention on domestic violence: a brief background to international domestic violence laws including the Istanbul ConventionDavid Hodson
– @DMHodson07 March 2016
On 4 March 2016, there was much EU fanfare and self-congratulation that the EU was proposing that it should accede to the Istanbul Convention on domestic violence. Beyond the press releases, what does this mean? Where does it fit in to what is already existing international law? What might it mean in practice?
Articles
NR v AB [2016] EWHC 277 (Fam): A licence made senseGwyn Evans
– @GwynforLaw14 March 2016
If a matrimonial home is owned by a limited company, shares in which are held - and financing for which was provided
– by a spouse together with his wider family, can the ownership of such a matrimonial home (and of other property similarly held) be construed as a nuptial settlement capable of variation under s 24(1)(c), Matrimonial Causes Act 1973?
Sleepless nights reporting the family courtsLouise Tickle
– @louisetickle14 March 2016
Annie Bertram had her newborn baby taken into care shortly after care orders had been granted on two of her other children. I heard Annie speak last year about her fight to get her baby back at the Transparency Project conference in June last year, and immediately I knew I wanted to write about what she and her family had been through. But care proceedings are held in private: publishing details is usually a contempt. This article explains how, with pro-bono support from barristers Lucy Reed and Sarah Phillimore, I went to court to argue for the right to tell Annie's story.
Lay advisers are the lawyers of the future – let's support themNatasha Phillips
– @SobukiRa14 March 2016
Lay advisers have historically been met with suspicion and sometimes hostility inside the Family Court, but the judiciary's latest Consultation on McKenzie Friends examining their status and place inside the system is the perfect opportunity to embrace this new form of assistance, and to acknowledge the part it is playing in shaping the future of family law.
Publicity and Poppi WorthingtonDavid Burrows
– @dbfamilylaw10 March 2016
Re W (Children) [2016] EWCA Civ 113 is an appeal against aspects of a reporting restrictions order made by Peter Jackson J in relation to a renewed fact-finding hearing in relation to his earlier findings as to the death and injuries prior to death of Poppi Worthington. That re-hearing is published as
F v Cumbria County Council and M (Fact-Finding No. 2) [2016] EWHC 14 (Fam).
Reveal yourself: a human behind the suitLaura Naser
– @Laura_Naser10 March 2016
Nowadays most people are familiar with using social media in their personal lives, and we are all warned about making sure our privacy settings protect our private lives from unwanted eyes.
What next for 'stepped' periodical payments orders?Olivia Murphy
09 March 2016
The Court of Appeal recently decided a discreet argument regarding periodical payments orders in the case of
Aburn v Aburn [2016] EWCA Civ 72 (FLR forthcoming). So, what are the implications for automatic variations in periodical payments?
Pension sharing on divorce and annuities: experts' review09 March 2016
When new pension freedom rules were introduced in April 2015 there was much speculation in the financial press and media that pensions could simply be treated as bank accounts. Whilst this has proved to be an oversimplification in terms of the products available and the tax consequences of large withdrawals, there are some circumstances where the capital value may be more relevant than the potential pension income.
Disallowed costs and case managementDavid Burrows
09 March 2016
The case of
Re L (Case Management: Wasted Costs) [2016] EWFC B8 – where HHJ Bellamy in the Family Court awarded 'wasted costs' against solicitors in care proceedings - is difficult to reconcile with the mainstream of wasted costs orders in the civil courts.
Considering the case for parity in policy and practice between adoption and special guardianship: findings from a population wide studyProfessor Judith Harwin, Dr Melanie Palmer, Dr Stephen Swift, Dr Bachar Alrouh and Professor Karen Broadhurst
08 March 2016
Recent government announcements to amend special guardianship and adoption legislation and increase levels of support provide the context to this article. It reports findings from a two phrase national study of supervision orders and special guardianship funded by the Nuffield Foundation.
Bury St Edmunds Divorce Centre 8 months on - the fastest administrative Family Court?Stuart Clark
07 March 2016
It has been just over 8 months since the majority of the administration of divorce suits was passed from the Central Family Court and other courts in London and the South East to the Bury St Edmunds Divorce Centre as part of the centralisation of divorce administration in England and Wales to 11 regional Divorce Centres.
