Reforming parental involvement: Balancing welfare, risk and rights in the family courts
Family breakdown is rarely smooth, and some couples struggle more than others when deciding on post-separation arrangements, particularly when it comes to their children. It is ideal for parents to be able to decide child arrangements post-separation between themselves. This creates a more positive foundation for co-parenting. The assistance of family solicitors, mediators or divorce […]
So long to the presumption of parental involvement
The presumption of parental involvement is to be repealed, a move hailed by campaigners as a victory for survivors of abuse. But does it go far enough to provide protection for children? And is there a risk that the repeal may cause some unintended consequences? The presumption of parental involvement was a relatively recent addition […]
Child welfare and safety to replace pro-contact culture as starting point in private law proceedings
Deputy Prime Minister, David Lammy, has said the government plans to “give every child the best start in life” and that trust in the justice system will be rebuilt “by putting victims first and ensuring that the protection of children is never compromised.” Part of this means ending the presumption of parental involvement, which came […]
When protection becomes exclusion: Rethinking the repeal of the presumption of contact
As a family solicitor working daily within the current framework of the Children Act, I’ve seen how the presumption of contact operates in practice and where reform risks unintended consequences. The government’s proposal to repeal the presumption of parental contact in private law children proceedings has been framed as a victory for victims of domestic […]
Standish v Standish: The real world impact on financial remedy matters
The recent UK Supreme Court’s decision in Standish v. Standish [2025] UKSC 26 has significantly impacted on matrimonial finance law, and in particular the distinction between matrimonial and non-matrimonial assets. This landmark case involved the long marriage of Clive and Anna Standish, each of whom had children from previous relationships as well as two children […]
Repeal of parental involvement presumption: Putting children’s safety first
The Government’s decision to repeal the presumption of parental involvement under section 1 of the Children Act 1989 signals a major change designed to protect children who are the subjects of the family court from harm. This change will apply to cases where the courts are considering whether to make an order in respect of […]
When art meets law: The story behind the Law Society’s bicentennial artwork
On 18th November, the Law Society of England and Wales will unveil the artwork commissioned to mark its bicentenary and celebrate the future of the legal profession. Today’s Media spoke to Helen Cammock, the Turner Prize-winning artist commissioned to create the works, about her background as a social worker within the family courts and probation […]
High Court reinforces consequences for abusive litigation in family proceedings
In the recent matter of Mahmoud v Glanville & Anor in the High Court Family Division, Moore Barlow acted on behalf of the father before Mr Justice MacDonald. In this child arrangement dispute, the court had to grapple with repeated and dangerous behaviour by the mother, including abduction and concealment of the child from his […]
Giving evidence in cohabitation claims: Lessons from Hampshire v Bonser
Unmarried couples who live together in England and Wales do not have special legal rights when they split up. There’s no statutory scheme to divide property. Instead, disputes are dealt with under general property and equity law. One key principle is the common intention constructive trust (CICT). A CICT can give a partner a share […]
Domestic abuse: exceptional or everyday?
The Domestic Abuse Commissioner’s report tells us that domestic abuse is everyday business in the family courts. But, for the conduct of one of the parties to affect financial remedies outcomes upon a divorce or a dissolution of a civil partnership, it has to be conduct of a highly exceptional nature. The fact that the […]
Life in Law – the mental toll and job sustainability in the family law sector
World Mental Health Day falls on 10th October every year. An ongoing reminder that although there is (somewhat) more openness around mental health, the reality is that reducing the stigma does not mean solving the problems. Statistics on mental health in the UK and globally are still staggering. The World Health Organisation (WHO) estimates that […]
Fewer sitting days, greater delays: The human cost of a strained family court system
For many separating couples, the family court is already an uphill climb – emotionally charged, financially draining and beset by delays. Hearings can be difficult to secure, listings are tight, and cancellations are increasingly common. Against that backdrop, the recent announcement to reduce financial remedy sitting days from late 2025 feels like a step backwards […]
How to support clients through ‘trauma-informed’ family law
In this episode of the Today’s Family Lawyer Podcast, host David Opie is joined by Peter Burgess, Founding Partner at Burgess Mee Family Law, and Hannah Budd, Partner at the Rosefield Divorce Consultancy, to explore a new collaboration designed to reshape how family law professionals support clients in crisis. The conversation centres on “Within the […]
Legal sector faces ‘turning point’ as more than half anticipate leaving their role within the next 5 years due to overload and burnout
The legal sector faces a turning point as more than half of people responding to a survey on their mental health and wellbeing said they anticipated leaving their role within the next five years, and a third said they anticipated leaving the legal sector completely as the normalisation of overworking has played a sizeable role […]
Too old to parent? Mr and Mrs K v Mr and Mrs Z and the age paradox in English surrogacy law
The recent decision in Mr and Mrs K and Mr and Mrs Z [2025] EWHC 927 (Fam) has thrust a glaring inconsistency in English surrogacy law into sharp focus. The case concerned 72-year-old intended parents who successfully obtained a parental order following a Californian surrogacy arrangement, raising a fundamental question: is our law’s approach to […]
Staying sane in family law
The Today’s Family Lawyer Podcast welcomes Annmarie Carvalho, director of The Carvalho Consultancy (TCC), to discuss her work at the intersection of law and therapy and the launch of her new book, ‘Staying Sane in Family Law‘, available now through Bath Publishing. A former family solicitor and mediator with over a decade of experience in a central […]
Divorce and Disabled Children
Why the Child’s Needs Really Do Come First As we all know, section 25 of the Matrimonial Causes Act 1973 requires the court to give first consideration to the welfare of any child under 18. In practice, when a child has a disability, this principle takes on far greater weight than many separating parents initially […]
What will the inquiry into Child Maintenance Service mean for families?
MPs have launched a formal inquiry into the Child Maintenance Service (CMS), and its effectiveness in providing financial support to separated parents and their children. As part of the inquiry, the cross-party Work and Pensions Committee will consider proposals to abolish Direct Pay and instead opt in favour of a more streamlined Collect and Pay […]
A new safe and free legal AI tool for everyone
The high court warned lawyers that relying on fake AI-generated citations, even unknowingly, could lead them to face serious professional consequences and risk a wasted costs order. While legal professionals can face severe sanctions when using AI inappropriately, the public should not be left exposed either when they are using AI to understand and resolve […]
Hidden wealth in divorce and the rise of crypto
Cryptocurrency is no longer an outlier in financial remedy proceedings. Increasingly, digital assets form part of high-net-worth divorce settlements, yet the law and disclosure processes have not kept pace with the complexities these cases present. For family lawyers, this creates a growing need to balance client expectations with practical limitations, while developing strategies to manage […]