Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce and care proceedings to transparency and access to justice. If you would like to contribute please email emma.reitano@lexisnexis.co.uk.
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The Law Commission1 has observed that the lack of any overarching principle in s 25 of the Matrimonial Causes Act 1973 leaves the judge in a position of a bus driver with all the instructions on how...
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The Human Fertilisation and Embryology Act 2008 set up provisions for people who have entered into a surrogacy agreement to obtain a parental order, giving them legal rights. There have been...
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It is fair to say that there has been, and continues to be a lot of information for professionals involved in the family law arena to digest of late. From guidance to views, working group...
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Online Dispute Resolution in low value claims Over last week-end (15/16 February 2015) the Civil Justice Council published its report on online dispute resolution (ODR): Online Dispute...
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A recent story in the media about women’s prison exemplifies the ongoing debate amongst family lawyers. Why does the court adopt different approaches when looking at men and women and deciding how...
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As you might have detected, the author of this piece likes case law – perhaps to a point which is beyond the lethal dose for most well-balanced adults. With that in mind, the central question of...
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Children Act Private Law Proceedings: A Handbook was written by Judge John Mitchell, and published in 2012. The Handbook is designed to assist both experienced practitioners and litigants in...
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Recent cases have shown an increasing dissatisfaction amongst the judiciary with non-compliance with court orders. The President of the family division, Sir James Munby, has been particularly vocal...
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Judicial caution on final case management hearing orders As Oscar Wilde famously did not say: ‘To lose one appeal may be regarded as a misfortune; to lose two looks like carelessness’. In...
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It is easy to forget, 18 months on, that Re B-S (Adoption: Application of s 47(5)) [2013] EWCA Civ 1146, [2014] 1 FLR 1035 was fundamentally a case dealing with an appeal from a judge’s refusal...
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