Legal aid: Parents’ access to advice set to be widened following High Court ruling
The High Court has overturned a refusal of legal aid in a ruling that means parents who share caring arrangements for their children are now more likely to qualify for legal aid. The Public Law Project’s brought the case on behalf of domestic abuse survivor “Susie” who sought legal aid to enforce a child custody […]
Mental Capacity Act: MoJ won’t alter child savings account access rules
The Ministry of Justice has confirmed that the Mental Capacity Act 2005 will not be altered to make it simpler for parents to access child savings accounts after the child turns 18 years old. Instead, the Ministry of Justice will raise awareness around the necessity of obtaining legal authority prior to a child turning 18 […]
‘Buoyant’ family law sector set to see rise in demand
Demand for family law expertise is set to climb 4% over the course of 2023 in what marks the fourth year of growth in five years for the sector, a new study has found. According to LexisNexis’ latest Gross Legal Product (GLP) Index for the sector, family law has proven “particularly buoyant” and is subsequently […]
Government considering cost shifting to promote mediation over family courts
Lord Chancellor Dominic Raab has suggested he is considering a cost shifting policy as the Ministry of Justice (MoJ) looks to steer private family law cases towards mediation and out of the family courts. Speaking before the House of Lords constitution committee, the Secretary of State for Justice said that though the government remains committed […]
International Women’s Day a chance to embrace equity, says Law Society
The profession must use International Women’s Day as a springboard to achieve true equity, overcome barriers and progress women solicitors to senior levels, says The Law Society. The Law Society’s Annual Statistics 2021 found that 60% of new admissions are women and 53% of practising solicitors are women. Law Society of England and Wales President […]
LawCare launches new course to help lawyers work together
Legal mental health and wellbeing charity LawCare, academics at the University of Sheffield, and The Open University have launched a free online course for legal professionals about Working with others. The new Working with others course is the second part of the Fit for Law series – an ongoing programme to promote psychologically and emotionally […]
HFEA sets out mission to modernise fertility law
The Human Fertilisation and Embryology Authority (HFEA) has opened a consultation on proposed changes to UK fertility law. The Human Fertilisation & Embryology Act 1990 (HFE Act) is over 30 years old and while medicine, science, and society have moved on, the HFEA say the law itself has largely stood still and fails to reflect […]
Domestic abusers facing electronic tags amidst myriad of new measures
The most dangerous domestic abusers are set to face being listed on the violent and sex offender register as well as electronic tagging as part of a host of new reforms announced this week by the government. The reforms, which have been broadly welcomed by specialist domestic abuse charity Refuge, aim to stop abuse before […]
Family lawyer struck off after failing to return six-figure client funds
A London family lawyer has been struck off after receiving £132,000 during a client’s divorce and then ignoring subsequent requests for the money to be transferred. Analiza Kjaer, sole practitioner at south west London firm Able Law, received £132,000 from her client, ET, between August and October 2020. The money was paid into the firm’s […]
Children’s access to personal data to be enhanced through new Cafcass initiative
A new Cafcass initiative has been launched with the aim of better supporting children’s and young people’s access to their own personal data. The UK GDPR and Data Protection Act 2018 permits an individual to ask to see what information an organisation holds about them, often through making a Subject Access Request (SAR). As such, […]
Domestic abuse: Charities call for end of “state-sanctioned abuse” in court proceedings
A plethora of charities are amongst those calling for urgent reform to better protect women going through the family courts amidst the ongoing practice of domestic abuse perpetrators cross-examining victims. 28 women’s charities, solicitors, and survivors signed a letter addressed to Secretary of State for Justice Dominic Raab seeking to put an end to the […]
Legal aid rules tweaked to widen access in SEND tribunals
New changes to legal aid rules have come info force enabling foster parents and prospective adoptive parents to access non-means tested legal aid in First-tier Tribunal (Special Educational Needs and Disability (SEND)) appeals. The Ministry of Justice tweaked legal aid rules relating to SEND tribunals following a challenge brought by the Public Law Project (PLP) […]
Cost of living crisis “may delay decision to divorce”
The cost of living crisis could be a reason for couples to delay divorce in order to secure a better financial settlement once assets recover, one London firm has suggested. Lawyers at Payne Hicks Beach have said that with rising costs and gloomy economic outlook, the usual rise in divorce applications in the first few […]
New laws set to protect CMS users from abusive ex-partners
New laws protecting parents who use the Child Maintenance Service (CMS) from abusive ex-partners are due to be introduced following an independent review. Survivors of domestic abuse will be given the choice to allow the CMS to collect and make payments on their behalf – without the consent of an abusive ex-partner. The Department for […]
Support Through Court confirmed as Charity Partner of Today’s Family Lawyer
Today’s Family Lawyer is pleased to confirm that Support Through Court has come onboard as the official Charity Partner of the publication. Support Through Court is a charity dedicated to providing free, independent assistance to people facing proceedings without legal representation. Moving forwards, their work and initiatives will be supported by the Today’s Family Lawyer […]
Cohabitees to be eligible for bereavement support under new reforms
New reforms are set to make bereaved cohabitees with dependent children eligible for additional financial support. The Department for Work and Pensions (DWP) is in its “final stages” of extending the Bereavement Support Payment and Widowed Parent’s Allowance to working age parents who were not married or in a civil partnership with their late partner. […]
Hunters launches new “one couple, one lawyer” service
Hunters Law has announced the launch of its new “one couple, one lawyer” service. The firm said it’s designed for separating couples “who wish to separate amicably and with dignity, whilst still benefitting from top-level legal advice”. Launching the service known as “Resolve”, Senior Partner and Head of the Family department Henry Hood said: “I […]
Children born as a result of rape enshrined as victims in law
The Ministry of Justice has announced that children born as a result of rape will be officially recognised as victims of crime following recommendations from the Justice Select Committee on the government’s draft Victims Bill in September 2022 The current position is vague. A lack of explicit reference to children born as a result of […]
Legal Aid Agency tweaks eligibility rules to disregard cost of living payments
The Legal Aid Agency (LAA) has announced changes to the legal aid eligibility rules to ensure those receiving cost of living payments are not disadvantaged when applying for legal aid. The payments which will be disregarded from 10 January 2023 are being made under the: Energy Prices Act 2022 Social Security (Additional Payments) Act 2022 […]
Book review | Divorce, Dissolution and Separation by David Burrows
This is a neat little book, running to about 130 pages (excluding the statute extracts at the back). It pulls together the amendments with the “bits” that remain to make the reading of DDSA 2020 palatable. There is a chapter on the validity of marriage and pondering on reconciliation. The reminder about service and proof […]