Why family law gets privacy wrong – response to ‘transparency’ consultation

This is not a blog, but merely a means of publicising my response to the ‘transparency’ consultation.

Full post: dbfamilylaw

Human rights claim – £12,000

Re H (A child) 2014.

Full post: suesspiciousminds

The curious incident of Article 8 in the Night time

Re A (A Child) [2013] EWCA Civ 1104. McFarlane LJ considered an appeal from the decision of a Circuit Judge from a long running and acrimonious private law dispute, which had left the Circuit Judge extremely despondent about the failings of the family law system.

Full post: Pink Tape

“Understanding Re Y and pondering horizontality” or “Why I need a lie down”

In the time it has taken me to chew the fat and mouth off extensively on twitter about Re Y [2014] EWCA Civ 1287 everyone else has actually written their blog posts on the topic. And very good they are too.

Full post: Pink Tape

A brief history of family law

Three dates are especially significant in a brief history of family law: 30 July 1949 when Legal Aid Act 1949 came into operation; 1 January 1971, the date of the start of Divorce Reform Act 1969 and Matrimonial Proceedings and Property Act 1970 (which together were consolidated later into Matrimonial Causes Act 1973); and 14 October 1991 the date when Children Act 1989 started its work.

Full post: dbfamilylaw

With the profoundest respect

The Judge is Mostyn J (who has had a busy autumn), and the case is Re D 2014.

Full post: suesspiciousminds

Cafcass complaints

I recently made a FOI request to CAFCASS in order to see what was happening in terms of the trends of complaints from parents.

Full post: Pink Tape

Insert appropriate Coldplay reference here *

CC (Adoption application : separated applicants) 2014.

Full post: suesspiciousminds

Nothing else will do? A head-scratcher

The Court of Appeal’s decision in Re W (Children) 2014.

Full post: suesspiciousminds

Turning the pole vault into a limbo contest – watch Hayden J reset the bar

In which I applaud Hayden J for sticking both his neck out, and his finger in the dyke. Re DM 2014.

Full post: suesspiciousminds

Forget Convention rights in private children proceedings: Ryder LJ

In Re Y (Children) [2014] EWCA Civ 1287 Ryder LJ (with whom Longmore and Patten LJJ agreed) rejected an appeal by a father who sought to relocate to the Missouri with his second wife (S), whose family were there.

Full post: dbfamilylaw

Re X (2): further amplification of judicial deprivation of liberty process

On 16th October 2014 Sir James Munby P handed down his second judgment in Re X and others (Deprivation of Liberty) [2014] EWCOP 37.

Full post: Court of Protection Handbook

Non molestation: Draft order ignores the law

The Courts and Tribunals Judiciary has issued a draft non-molestation order which barely complies with the law and manages not to use the word – ‘non-molestation’ or molestation – on which it is based.

Full post: dbfamilylaw

President's guidance on interim orders: How lawful?

Sir James Munby P has issued Practice Guidance dated 13 October 2014 and entitled: Family Court – duration of ex parte (without notice) orders (the PG).

Full post: dbfamilylaw

Mediation and family financial remedy proceedings

It is not surprising that judges are making ever greater attempts to narrow the gap between maintaining mediation processes as voluntary, and pressurising parties – as far as the common law will permit them – to force the reluctant horse to mediation water and to make him or her drink.

Full post: dbfamilylaw

No point being the richest woman in the graveyard

Re JI (revocation of lasting power of attorney) 2014.

Full post: suesspiciousminds

Committal for harassment

In the matter of an application by Gloucestershire County Council for the committal to prison of Matthew John Newman.

Full post: suesspiciousminds

Litigants in person: Beware

Mostyn J’s July 2014 judgement in Bakir v Downe [2014] EWHC 3318 (Fam) was transcribed at public expense because Mostyn J wanted to make a point about use of the court not being an advice bureau.

Full post: dbfamilylaw

Allegations of abuse against a father

In this case, Hampshire County Council v Mother and Others 2014, there are two linked judgments.

Full post: suesspiciousminds

Fraud unravels everything – Rapisarda v Colladon part 2

I’ve been eagerly awaiting this judgment. This is part 2 of the case involving the Queen’s Proctor and an alleged systematic fraudulent obtaining of 180 divorces (some decree nisis, some decree absolutes).

Full post: suesspiciousminds

Conjurers and children’s birthday parties

The decision of the President in Re X (a child) (surrogacy : Time limit) 2014

Full post: suesspiciousminds

Tin-foiled again. Conspiracy and the Court of Protection

The Court of Protection case of A Local Authority v M and Others has it all.

Full post: suesspiciousminds

Consultation on children and vulnerable witnesses: Court proceedings

In July 2014 Sir James Munby, President of the Family Division and a working party he had set up, published a form of consultation paper – entitled an ‘interim report’ – on ‘children and vulnerable witnesses’. My response to the consultation follows.

Full post: dbfamilylaw

Research and stats round-up

A few important reports on statistics / research documents have come out in the last two weeks.

Full post: suesspiciousminds

Asking permission: new relationships, nuptial settlements and appeals

When will the courts vary a nuptial settlement and how relevant is a new relationship to a settlement?

Full post: Family Law Blog