How can separated parents prepare for the summer holidays?
The summer holidays, for any parent, is an annual event that requires the three Ps – Planning, Preparation and Patience! For separated parents, this can apply even more when trying to negotiate and agree the time spent with their child or children. Often, where there is a Child Arrangement Order or “CAO” already in place, […]
Sir Nicholas Mostyn bids farewell to the Bench
Sir Nicholas Mostyn has officially said goodbye to the Bench with last Friday marking his final day in the courtroom. The esteemed High Court judge – who recently turned 66 and has been diagnosed with Parkinson’s – also enjoyed a magnificent career as a silk, having been involved with high-profile cases such as White v […]
The pitfalls of inconsistency in the family courts
UK family law that provides judges with such wide discretion when dividing assets on divorce has been a perennial bone of contention in legal circles. The laws were challenged again recently by Mr Justice Mostyn, as he attempted to influence a change in the legislation governing financial remedies. Mostyn has long campaigned on the issue, […]
Musings from a legal aid ‘career paralegal’
Within the legal community there’s a common belief that the role of paralegal is just a step on the way to becoming a lawyer. But for some of us being a paralegal is enough in itself. Working as a paralegal in legal aid is both challenging and satisfying. Here’s why. Within a legal aid team, […]
Should you seek an order for costs in financial remedy proceedings?
The Today’s Family Lawyer podcast welcomes Nicola Rushton, Senior Associate at Forbes Solicitors in Lancashire, to discuss costs in financial remedy proceedings with host David Opie. For Nicola, current costs rules don’t provide any deterrent for litigants, and particularly litigants in person, to run cases that don’t have merit or are disproportionate to the assets. […]
3 examples of the practical application new technology may have in a family law context
The LawTech Delivery Panel (an industry-led and government backed group to promote legal technology) defines LawTech as: “broadly, technologies which aim to support, supplement or replace traditional methods for delivering legal services, or transactions; or which improve the operation of the justice system”. As technology changes the way we relate to each other and live […]
Today’s Family Lawyer: The journey so far
Many of our readers will have been with us since we launched in 2019. It is more likely, however, that you discovered our publication within the last 12 months. During this period, Today’s Family Lawyer has embarked on a remarkable journey of transformation and growth. From website design to communication strategies, our publication has evolved […]
Italy begins stripping same-sex parents of their legal connection to their children
The Italian government has begun stripping same-sex parents of their legal connection to their children, according to LGBTQ Nation. After receiving a letter informing her that she would be removed from her daughters birth certificate, Michela Leidi told the Daily Mail that she “cried for 10 days”. After the government of the nation declared in […]
Domestic Abuse Commissioner calls for ‘wide-reaching’ family court reforms
Domestic Abuse Commissioner calls for ‘wide-reaching reforms’ to ensure safety of children in the Family Courts and accelerate government plans The Domestic Abuse Commissioner has released a report highlighting ongoing concerns about the traumatising experience of the Family Court for victims and survivors of domestic abuse. The report outlines the Commissioner’s plan for wholesale change […]
One size does not fit all: Cohabitation Agreements
Those seeking a cohabitation agreement tend to fall within three groups: Group 1 consists of those wishing to purchase their first home. They tend to be of the younger generation; they want to protect their investment, particularly if there has been or will be an unequal contribution towards the deposit or mortgage payments, or they […]
Behaviour and blame – what impact on a marriage?
As I wrote in late March, the Law Commission has been tasked with undertaking a wholesale review of financial remedies upon divorce. At this stage, few further details are available, save that the project articulates 6 areas for potential reform. This further article looks more specifically at one of the more surprising areas that made the […]
Migrant survivors: Domestic Abuse Commissioner responds to government plans
Following the government’s response to a report published by Domestic Abuse Commissioner Nicole Jacobs regarding support for migrant domestic abuse victims and suvivors, the Commissioner has provided the below update. I have [recently] written to the Immigration Minister, the Rt Hon Robert Jenrick MP, about my concerns in the Government’s response to my […]
Do men or women make better family lawyers?
Now, there’s a question, and one which I’m not going to answer. At a recent Private Children Law seminar, I looked around the room and noticed that nearly 90% were female attendees. Further, the Judge speaker was female, as were all three Counsel speakers, and indeed an expert that spoke. Where were the male family […]
Bookended by certainty: Further guidance from the High Court on prenups and postnups
Financial proceedings on divorce can be long, complex and messy. They are often intrusive and judges possess a wide range of discretionary powers that make it difficult to predict what the final outcome will be. In that context, it is understandable that prenuptial and postnuptial agreements (‘prenups’ and ‘postnups’) continue to grow in popularity. Increasingly, […]
Family court delays see children waiting a year to finalise living arrangements
Soaring family court delays mean children involved in private law cases are waiting 47 weeks – almost a year – on average to find out who they will be living with long term. This is according to data published by the Ministry of Justice, which also highlighted a four-week increase in the delays affecting such […]
New legislation set to provide additional rights for carers, expecting parents, and new parents
On 24th May 2023, three family-friendly bills received Royal Assent: The Protection from Redundancy (Pregnancy and Family Leave) Bill; The Carer’s Leave Bill, and The Neonatal Care (Leave and Pay) Bill, which have now become Acts of Parliament. Below, we explore what the three Acts aim to achieve and the additional rights which employees will […]
The Ombudsman’s Corner: July 2023
An issue that all ombudsman schemes face is that it is difficult to forecast the level of demand on its service. During the pandemic most schemes saw an increase in demand for two reasons – people having time to reflect on the service they received from providers and then time to raise complaints about it, […]
Financial provision claim upon divorce cannot proceed if a party dies, UKSC rules
The UK Supreme Court (UKSC) has ruled that financial provision claim proceedings under the Matrimonial and Family Proceedings Act 1984 cannot proceed once one of the parties to that claim dies. Unger and another (in substitution for Hasan) (Appellants) v Ul-Hasan (deceased) and another (Respondents) [2023] UKSC 22 saw the Court unanimously reject an appeal […]
Legal outcomes of cases at the national deprivation of liberty court
New analysis of deprivation of liberty orders confirms many children are facing long and severe restrictions in unregistered placements far from home. New analysis of the legal outcomes of deprivation of liberty applications in England and Wales has exposed that it is the norm for children involved in these cases to face severe restrictions, typically […]
Work life matters: Wellbeing
If your organisation is following the established patterns over the past couple of years, you’re probably drowning in wellbeing advice, support and guidance. And that’s a really good thing. Helping staff with their wellbeing – in all its guises – is the RIGHT thing to do. So instead of me re-hashing some of the information […]