Family Law

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.

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News

Bar Council issues guidance in relation to illegally obtained evidence
16 May 2016
The Ethics Committee of the Bar Council has revised their guidance regarding evidence obtained illegally in civil and family proceedings to assist on occasions where counsel has to advise in cases where evidence has, or may have been, obtained illegally.

President issues guidance on international family law
13 May 2016
Sir James Munby, President of the Family Division, has issued guidance on family cases with an international aspect.

Twenty-four per cent increase in private law cases received by Cafcass in April 2016
12 May 2016
Figures released by Cafcass show that, in April 2016, the number of private law cases received increased by 24% from April 2015 levels. A total of 3,557 new cases were received.

Care applications received by Cafcass in April 2016 increase by 28%
12 May 2016
In April 2016, Cafcass received a total of 1,221 care applications. This figure represents a 28% increase compared to those received in April 2015 and a 25% increase compared to March 2014.

Lord Justice Briggs visits Bristol on reforms consultation journey
12 May 2016
Lord Justice Briggs published his interim report regarding reform of the Civil Court structure on 12 January 2016. Since the report was released Lord Briggs has been travelling both home and abroad to conduct open consultations and review those jurisdictions which already have an operational online court system.

Case-closure programme drives significant drop in CSA caseload
11 May 2016
The Department for Work and Pensions has published statistics on the progress of the Child Support Agency case-closure programme from June 2014 to December 2015.

Final figures from 3-year analysis of looked-after children placements
10 May 2016
Ofsted has published its third and final annual statistical release on looked-after children, including information on how far from their placing local authority they were living, the type of placement and how long they had been there.

Articles

This lawyer's life: take the heat but don't burn
Rehna, barrister - @itsalawyerslife
13 May 2016
When did life become all about work? While colleagues will speak willingly of physical aches and pains, they're less likely to about the unseen consequences of a relentless workload.

Should child welfare professionals be made to report child abuse? - The case for and against
Natasha Phillips - @SobukiRa
13 May 2016
The government has announced that it will shortly fulfil its promise to launch a consultation looking at the possibility of making reporting suspected child abuse compulsory. This development is not surprising, as child sexual abuse scandals involving Jimmy Saville and the towns of Rotherham and Telford continue to expose weaknesses in the protection of children within settings which should be effectively safeguarding them from harm.

A Day in the Life of ... Sarah Phillimore (family law barrister)
Sarah Phillimore - @SVPhillimore
12 May 2016
I am a family law barrister who works mainly in care proceedings. I represent all parties. I think it is important to get as clear a view as possible as to how the system operates.

The Turkish Constitutional Court on international parental child abduction: judgment of Marcus Frank Cerny
Dr Burcu Yüksel
11 May 2016
By an individual application made by Marcus Frank Cerny in July 2013 (App No 2013/5126), the Turkish Constitutional Court for the first time examined an allegation of violation of rights secured under the Turkish Constitution in the proceedings before the Turkish courts in relation to the 1980 Hague International Child Abduction Convention to which Turkey has been a party since 2000.

When the rules break the rules: appeals against pension sharing
Andrzej Bojarski - @AndrzejBojarski
11 May 2016
In CS v ACS (Consent Order: Non-Disclosure: Correct Procedure) [2015] EWHC 1005 (Fam), [2016] 1 FLR 131, the President, Sir James Munby, ruled that paragraph 14.1 of Practice Direction 30A of the Family Procedure Rules 2010 was ultra vires or made without the power to make it.

Changes to the Family Court: where are we now?
Andrew Newbury & Claire Reid - @andrew_newbury 
10 May 2016
Since 2014 there have been a number of changes to the Family Court procedures in England and Wales. In this article, Andrew Newbury and Claire Reid provide an overview of those changes and summarise the present position (to March 2016).

Judgments

FINANCIAL REMEDIES: K v K (Financial Remedy Final Order Prior to Decree Nisi) [2016] EWFC 23
Hearing Date: 28 April 2016
Mr Justice Cobb
The Family Court
The financial remedy order was found to be a nullity and the case was remitted for rehearing.

PROPERTY: Singa v Heer [2016] EWCA Civ 424
Hearing Date: 16 February 2016
Lady Justice Arden, Lady Justice Macur and Mr Justice Baker
Court of Appeal
The appeal from a decision determining the beneficial interests in a property was refused.

PUBLIC LAW CHILDREN: Re RA (Baby Relinquished for Adoption: Case Management) [2016] EWFC 25
Hearing Date: 06 May 2016
Mr Justice Cobb
The Family Court
Cobb J gave case management directions in the case of a baby relinquished for adoption at birth.

PUBLIC LAW CHILDREN: Re E (Female Genital Mutilation) [2016] EWHC 1052 (Fam)
Hearing Date: 22 April 2016
Mr Justice MacDonald
Family Division
The father was granted permission to permanently remove the children and relocate to Nigeria.

Legislation & Guidance

Home Office issues updated FGM resource pack
13 May 2016
The Home Office and Karen Bradley MP have issued an updated female genital mutilation (FGM) resource pack containing guidance, case studies and support materials for local authorities, professional services and specialist voluntary organisations.

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