Permission to appeal ‘ancillary relief’ decisions should be first sought from court of first instance: Mostyn J

In AB v CD [2014] EWHC 2998 (Fam) Mr Justice Mostyn has said that in ancillary relief cases 'at the very least' an application for permission to appeal must always be made to the judge at first instance before an approach is made to the Court of Appeal.

Full story: Family Law Week

Bid to save legal aid for domestic violence victims

The High Court today granted permission for a campaign group to challenge a government policy depriving victims of domestic violence access to legal aid.

Full story: Law Society Gazette

Court to decide on domestic abuse legal aid challenge

The High Court is due to decide whether to allow a challenge to rules that determine whether victims of domestic abuse get legal aid in family cases.

Full story: BBC News

One in three women have suffered domestic violence, says Refuge

Refuge, the support charity for women and children suffering domestic violence, has teamed up with ITV's Loose Women to launch a new domestic violence campaign.

Full story: Family Law Week

Bar Council report claims LASPO damages access to justice

The Bar Council has today published a report, based on interviews and a survey of legal practitioners, assessing the impact of LASPO on the justice system a year after implementation in April 2013.

Full story: Family Law

Project is helping warring couples away from court battles to negotiate instead

Organisers of a Government-funded scheme say it is successfully diverting separated parents away from courtroom battles and helping them negotiate instead, enabling them to better support their children.

Full story: Family Law

£300m cost of failed returns for children in care revealed by NSPCC

Researchers found £56m investment in family support when a child returns from care could reduce reunification breakdowns.

Full story: Community Care

Cobb J gives guidance on out of hours and without notice hearings

In Local Authority 1 & Others v AF (Mother) & Others [2014] EWHC 2042 (Fam) Mr Justice Cobb has provided particular guidance to practitioners on the topics of (i) out of hours and without notice hearings and (ii) the preparation of bundles.

Full story: Family Law Week
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MP (Care and Placement Orders) [2014] EWFC B117 (17 September 2014)

Application for care and placement orders in respect of a six month old child.

Full report: Bailii

T (Children) [2014] EWFC B116 (13 August 2014)

Application by 16 years old girl for permission to make an application for contact with her brothers and sisters.

Full report: Bailii

AB v CB [2014] EWHC 2998 (Fam) (25 June 2014)

Judgment on wife's ancillary relief claim, followed by application for permission to appeal by trustees of farmhouse in which the parties lived. Application dismissed.

Full report: Bailii

M (A Child), Re [2012] EWCA Civ 1580 (22 October 2012)

Care proceedings. Appeal by parents against finding that the child had suffered non-accidental injuries and that the parents were both possible perpetrators of those injuries. Appeal allowed.

Full report: Bailii

R (A Child), Re [2011] EWHC 1715 (Fam) (27 January 2011)

Care proceedings concerning a young child who had suffered a head injury and a femoral fracture. Threshold not proved and proceedings dismissed.

Full report: Bailii
More cases...

Children: Private Law Update (September 2014 )

Alex Verdan QC of 4 Paper Buildings considers recent judgments in private law children cases, including the President's judgment on legal aid funding in Q v Q.

Full article: Family Law Week

A Proposed Draft Final TOLATA Order

Here follows a suggested draft for a basic final TOLATA order concerning a property subject to a mortgage in the style of the Family Standard Orders, with the occasional marginal note.

Full article: Family Law

Best Interests Reviewed: United Lincolnshire Hospitals NHS Trust v N [2014] EWCOP 16

This recent case in the Court of Protection considered best interests in the context of a minimally conscious patient and whether it was lawful for the applicant trust to cease making further efforts to maintain artificial nutrition.

Full article: No5 Chambers
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Reversing the burden of proof – injury to a child

There have been a few reported cases where the higher Courts have said or hinted that a fairly traditional medical formulation “that in the absence of the parent providing a benign explanation, this injury was caused deliberately” is a reversal of the burden of proof and not acceptable in law.

Full post: suesspiciousminds

Making eye to eye contact (post adoption contact applications, some practical queries)

I’ve previously written about the relatively new provisions of the Children and Families Act 2014 that allow a birth parent to apply for direct contact even years after the adoption order was made.

Full post: suesspiciousminds

Soldiering on

Barbara Connolly QC, barrister at 7 Bedford Row, discusses how the recent family law reforms have affected her practice.

Full post: Family Law Blog

The Ashya King wardship judgment

This is the judgment given by Mr Justice Baker in the wardship proceedings, setting out the reasons why on Friday of last week a solution was reached that Ashya would be able to receive proton-beam therapy treatment in Prague.

Full post: suesspiciousminds

Reflections on the law of bias

The following chapter is taken direct from a book of mine – The Practice of Family Law: evidence and procedure (2012).

Full post: dbfamilylaw
More blog posts...

Alere Toxicology provides hair testing for drug and alcohol abuse



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