Expert Comments

Opinion

A glimmer of hope in legal aid developments?

On 18 February the ever resolute charity, Rights of Women successfully appealed against the decision that their application for a declaration that the Regulations relating to the eligibility for legal...

May 6, 2016

Opinion

Robertson v Robertson [2016] – To be, or not to be, a matrimonial asset

In Robertson v Robertson [2016] Mr Justice Holman had to decide whether the husband’s shareholding in ASOS, which he owned two years prior to the parties meeting and beginning their...

April 22, 2016

Blog

Parental Child Abduction – The Pitfalls and how to avoid them

Many parents may be unaware that they are not necessarily entitled to take their children out of the country without the other parent's consent. In fact in England and Wales,...

April 18, 2016

Opinion

Transparent or just slightly less opaque?

In 2014 Sir James Munby, President of the Family Division issued new guidance in relation to the publication of judgments in the family courts. The guidance distinguished between two classes…

April 8, 2016

Blog

Update on children’s guardians attending court hearings

A local practice direction relating to the attendance of children’s guardians at court hearings has been revised following a threat of judicial review by Nagalro, the professional association for independent…

March 31, 2016

Opinion

Steep hike in divorce fees… a way to discourage divorce?

The Ministry of Justice announced last week that the issue fee for a divorce has been increased to £550 from £410. A 34% increase with no more than 2 days’...

March 23, 2016

Blog

Special Guardianship – the new regulations, a step in the right direction?

On 29 February new regulations for Special Guardianship Orders (SGOs) came into effect. The latest regulations amend the Special Guardianship Regulations 2005 and outline additional factors that need to be...

March 8, 2016

Opinion

Family law – is it time for a digital revolution?

The President of the Family Division in his address at the Family Law Bar Association (FLBA) dinner was keen to extol the virtues of modern technology and how he envisaged...

March 7, 2016

Opinion

Changes in precedent orders within private children proceedings…

The President of the Family Division has announced a complete makeover of the standard orders (CAP01 to CAP04) which were used within private children proceedings. The standard orders being used…

March 1, 2016

Opinion

Sufferers of domestic abuse benefit from determination of Rights of Women Charity

The charity Rights of Women has succeeded on appeal in its challenge against restrictions to family legal aid for survivors of domestic abuse. The challenge arose in the context of…

February 24, 2016

Blog

Parents with learning difficulties – keeping the focus on the children’s best interests

A recent Judgement from the President of the Family Division highlights once again the difficult issues surrounding cases involving parents with learning difficulties. In this sad case which has a…

February 17, 2016

Blog

Disposable Women? Transnational marriages – time for a change?

Southall Black Sisters are instrumental in the commission of a report highlighting the abuse, violence and abandonment in transnational marriages.

February 11, 2016

Blog

Cherwayko v Cherwayko (No 3): Imprisoned for contempt of court…well almost…

In the recent case of Cherwayko v Cherwayko (No 3) the Husband was given a custodial sentence for contempt in financial remedy proceedings. He was sentenced to nine months imprisonment...

February 10, 2016

Blog

The importance of being an expert

The reasons for using expert evidence in care proceedings vary greatly and depending on the circumstances of the case. Where a child has sustained an unexplained injury, appropriate expert medical...

February 3, 2016

Opinion

Special guardianship review – time will tell!

Special guardianship orders (SGOs) and the concept of appointing a person wishing to care for a child long-term as a ‘special guardian’ with a more robust and secure legal basis,…

February 2, 2016

Blog

‘Controlling behaviour’ recognised as a punishable offence…changes in domestic violence laws

29 December 2015 bought about a much needed change within the realm of domestic violence laws. Section 76 of the Serious Crime Act 2015 introduced the new criminal offence of…

January 26, 2016

Blog

Information alert for divorcing spouses – software error on Form E required for financial calculations

At the end of 2015, it was widely reported that a software fault in the Form E on the Ministry of Justice (MoJ) website could have affected thousands of people.…

January 21, 2016

Blog

After celebrations, divorce may follow!

January is notoriously a busy time for divorce lawyers as the Christmas festivities and New Year celebrations come to an end. Spending time with loved ones can sharpen our focus that…

January 5, 2016

Blog

Impact on women when a child is removed from their care – urgent analysis required

A new study led by Professor Karen Broadhurst of Lancaster University and funded by the Nuffield Centre has found that 1 in 4 women who has had a child removed…

December 23, 2015

Blog

Assessing children's needs – good practice just as important as speed

The Association of Directors of Childrens Services and Cafcass have released guidance in relation to the making of special guardianship orders in care proceedings. The guidance arises out of their…

November 27, 2015

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