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Articles 2012

• Unvisited: Looked after children and the role of the Independent Visitor
  Articles (13/12/2012)
  Noel Arnold, Head of Legal Practice at the Coram Children’s Legal Centre, considers the importance of Independent Visitors for looked after children and clarifies confusions in the current arrangements.
• Finance and Divorce December Update
  Articles (13/12/2012)
  Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse November’s financial remedies and divorce news and cases.
• Court of Protection Update (December 2012)
  Articles (06/12/2012)
  Sally Bradley and Michael Edwards, Barristers, both of 4 Paper Buildings consider recent developments in the Court of Protection.
• The 1996 Hague Convention: The Fourth Dimension
  Articles (30/11/2012)
  Eleri Jones barrister at 1 Garden Court, and Anne-Marie Hutchinson OBE and Richard Kwan both of Dawson Cornwell solicitors consider the impact of the 1996 Hague Convention in England and Wales.
• The Modernisation of Family Justice: An Interview with Mr Justice Ryder
  Articles (29/11/2012)
  Mr Justice Ryder is interviewed by Zimran Samuel, barrister, of 9 St John Street Chambers about the modernisation of the family justice system
• Family Mediation – The option of first resort for separating couples?
  Articles (26/11/2012)
  Amina Somers, a consultant and mediator with Goodman Ray, asks whether the implementation of the Family Justice Review recommendations will see the court usurped by mediation as the primary dispute resolution process following relationship breakdown.
• Children: Private Law Update (November 2012)
  Articles (22/11/2012)
  Alex Verdan QC of 4 Paper Buildings reviews important recent developments relating to private children law.
• Finance and Divorce November Update
  Articles (01/11/2012)
  Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse October’s financial remedies and divorce news and cases.
• Family Division 1 – Chancery Division 2: A consideration of Petrodel v Prest
  Articles (31/10/2012)
  Alison Burge, barrister, of Pump Court Chambers analyses the Court of Appeal's decision in the watershed case of Petrodel v Prest
• “Does it matter what I think”? A comparison of the consideration of children’s views in Hague Convention cases and Children Act 1989 proceedings
  Articles (26/10/2012)
  Radhika Handa, barrister, of Coram Chambers compares the court's consideration of children's wishes in Hague Convention and Children Act cases, in both private and public law.
• In the Name of God: deciding a child's education and Re G (Children)
  Articles (21/10/2012)
  Karwan Eskerie, barrister, of 1 Crown Office Row considers Munby J's judgment in Re G (Children) where the court had to decide between the ultra orthodox Jewish parents' conflicting wishes for their child's education.
• No Direction Home? Financial Remedies and the Medium Asset case
  Articles (21/10/2012)
  Alexander Chandler, barrister, 1 King's Bench Walk, examines the principles the courts will apply in medium asset cases and offers practical guidance to those faced with the challenge of “stretching” limited assets.
• Enhancing the Role of Grandparents in the Current Legal Landscape
  Articles (12/10/2012)
  Julie Stather, barrister, of 42 Bedford Row suggests some ways to benefit children by strengthening the position of grandparents
• Finance & Divorce October 2012 Update
  Articles (08/10/2012)
  Anna Heenan and Nicola Rowlings, both of Mills & Reeve LLP, analyse September’s financial remedies and divorce news and cases.
• Can the Court Protect Vulnerable Adults who have Capacity?
  Articles (27/09/2012)
  Moira Sofaer, barrister and mediator, of Goldsmith Chambers, considers the protection afforded by the courts to vulnerable adults who are outside the ambit of the Mental Capacity Act 2005 in the light of the Court of Appeal’s judgment in DL.
• A legal right to gay marriage?*
  Articles (24/09/2012)
  Andrew Commins, barrister, associate member of St John’s Chambers in Bristol analyses the legal issues relating to the question of gay marriage.
• Fact Finding Hearings: Who Pays?
  Articles (14/09/2012)
  Stuart Hughes, Senior Solicitor at Greene and Greene Solicitors, and Sabuhi Chaudhry, barrister at Coram Chambers, consider recent developments concerning costs in fact finding hearings and the divergence between private law and public law cases.
• Forced Marriage and the Criminal Law
  Articles (13/09/2012)
  Charlotte Proudman, barrister, provides an overview of the Government’s proposed changes to the law intended to combat forced marriage.
• Finance and Divorce September Update
  Articles (07/09/2012)
  Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse July’s financial remedies and divorce news and cases.
• Children: Private Law Update (September 2012)
  Articles (05/09/2012)
  Alex Verdan QC of 4 Paper Buildings considers those judgments of the last few months which are of most importance in the area of private law children proceedings.
• International Children Law Update: August 2012
  Articles (03/09/2012)
  Jacqueline Renton of 4 Paper Buildings, reviews the latest key decisions in international children law.
• In a Dorney-Kingdom of their own: Segal orders examined
  Articles (28/08/2012)
  Byron James, barrister, 14 Gray’s Inn Square, considers the circumstances in which Segal Orders can be made.
• Dukali v Lamrani: a cautionary tale on how the courts define marriage
  Articles (14/08/2012)
  Dr John Fox and Eleanor Fletcher, both barristers at Lamb Building, consider the lessons to be learned from the court’s approach to determining the validity of the parties’ marriage in Dukali v Lamrani
• Finance and Divorce August 2012 Update
  Articles (10/08/2012)
  Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse July’s financial remedies and divorce news and cases.
• The Issue of Costs following the Supreme Court Decision in T (Children) – ‘Not about the money?’
  Articles (01/08/2012)
  Dorothea Gartland, barrister, 4 Paper Buildings and Penny Logan, principal lawyer, Cafcass, consider the lessons to be learned from T (Children).
• Section 38(6) Applications – Further fine-tuning
  Articles (27/07/2012)
  Sally Gore, barrister, of 14 Gray's Inn Square, examines developments concerning applications for assessment under section 38(6) of the Children Act 1989 culminating in the Court of Appeal's clarification in S (A Child) [2011]
• Expertly done? A look at the use of experts in family proceedings and changes proposed by Mr Justice Ryder prior to the announcement of his final proposals
  Articles (20/07/2012)
  Leanne Buckley –Thomson, pupil barrister at 1 Crown Office Row Brighton, considers the current problems in relation to the use of expert evidence particularly in care proceedings and the proposals for change thus far highlighted by Mr Justice Ryder in response. She comments briefly on these suggestions, whilst acknowledging that the proposals have not yet been released in full, and refers to the work done locally in anticipation of what is to come.
• A Local Authority v DS – An invitation to judicially review the Legal Services Commission?
  Articles (10/07/2012)
  Chris McWatters and Sharon Love, barristers, of Garden Court Chambers consider the implications of the President’s Guidance on seeking prior approval of the LSC to adduce expert evidence in family proceedings.
• The Family Court: “Be careful what you wish for”
  Articles (02/07/2012)
  Michael Horton, barrister, of Coram Chambers examines the proposed creation of a single family court, the reasons for its establishment, how it might work and whether it is necessary at all.
• June 2012 Finance Divorce Update
  Articles (29/06/2012)
  Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the latest financial remedies and divorce news and cases.
• Social Media and the Voice of the Child in Hague Convention Cases
  Articles (21/06/2012)
  Emma Nash, Solicitor, of Spring Law considers a Hague Convention case which has attracted extensive attention in Australia and analyses the potential wider impact of the coverage, especially that within social media.
• Children: Public Law Update (June 2012)
  Articles (18/06/2012)
  John Tughan, barrister, 4 Paper Buildings, reviews some recent important judgments concerning children public law matters.
• Finance & Divorce May 2012 Update
  Articles (06/06/2012)
  Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the latest key financial remedies cases.
• Parental alienation and intractable contact disputes: an update
  Articles (01/06/2012)
  Henry Clayton of 4 Paper Buildings summarizes the recent authorities in parental alienation and intractable contact cases, in light of the recent decision of Hedley J in Re E
• Children: Private Law Update (May 2012)
  Articles (23/05/2012)
  Alex Verdan QC of 4 Paper Buildings considers several recent important judgments covering a range of private law issues concerning children
• Using insolvency to discharge financial order obligations: the blank canvas remains
  Articles (20/05/2012)
  Byron James, Barrister, 14 Gray's Inn Square explores the, as yet, unfettered and undefined discretion of the court to discharge a party from obligations under orders made in family proceedings following bankruptcy, following the recent Chancery Division case of Hayes v Hayes
• Parental Orders in Cases of International Surrogacy: Practical Considerations
  Articles (16/05/2012)
  Gwynneth Knowles QC of Atlantic Chambers, Liverpool, provides a guide through the legal difficulties often created by international surrogacy arrangements.
• Court of Protection Update (May 2012)
  Articles (11/05/2012)
  Sally Bradley, Barrister, of 4 Paper Buildings analyses recent decisions in the Court of Protection relating to capacity to consent to sexual relations, DNA testing and statutory wills.
• Finance & Divorce April Update 2012
  Articles (08/05/2012)
  Joanna Grandfield, Associate (barrister), Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the latest key financial remedies cases.
• ‘It’s Good to Share’ – Should there be a presumption of equality between parents when it comes to caring for their children?
  Articles (29/04/2012)
  Bindu Bansal, Solicitor with Dutton Gregory LLP, considers the advantages and disadvantages of establishing a presumption of shared parenting
• Financial Remedy Cases: Piecing Together The Jigsaw
  Articles (20/04/2012)
  Grant Howell, partner, Collaborative lawyer and family law arbitrator, Charles Russell LLP, examines the pros and cons of the available methods for resolving financial remedy cases.
• Why Should Family Lawyers be Interested in the Brighton Conference on the European Court of Human Rights ?
  Articles (19/04/2012)
  Deirdre Fottrell, Barrister, of Coram Chambers considers the proposed reforms of the ECHR which are under consideration at the Brighton Conference and explains why they are of particular importance to family lawyers.
• Involving the Family Court Advisor in Pre-proceedings Practice – Initial lessons from the Coventry and Warwickshire pilot
  Articles (17/04/2012)
  Dr Karen Broadhurst of Lancaster University and Kim Holt of Bradford university describe the pilot study carried out into the involvement of children's guardians prior to the issue of proceedings.
• Researching Relocation Disputes in First Instance Courts
  Articles (13/04/2012)
  Dr Rob George, Fellow in Law at the University of Oxford and Associate Tenant at Harcourt Chambers, discusses relocation disputes and his on-going research into how these cases are dealt with in the first instance courts of England and Wales.
• Litigants in Person Cases: It Doesn’t Have to Be Like This
  Articles (13/04/2012)
  Lesley Pendlebury Cox, Consultant with Gregory Rowcliffe Milners considers the issues arising from the increase in the number of self represented clients in family cases, its impact on family lawyers and their clients.
• Alternative Families and Children: A review of the recent case of A v B and C
  Articles (05/04/2012)
  Alex Verdan QC and Charles Hale, both of 4 Paper Buildings, counsel for the father in A v B and C, consider the lessons that can be learned by practitioners from the Court of Appeal judgment.
• Are We Missing a Trick? Section 34 of the Children Act - An under-used application
  Articles (31/03/2012)
  Julie Stather, barrister, of 42 Bedford Row examines the advantages to child, parents and local authority of using section 34 of the Children Act
• Finance & Divorce Spring Update 2012
  Articles (30/03/2012)
  Joanna Grandfield, Associate (barrister), Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the key financial remedies cases arising in the first quarter of 2012.
• Pre-Nuptial agreements: developments since Radmacher
  Articles (25/03/2012)
  David Marusza of Harcourt Chambers summarises and analyses the latest cases involving prenuptial agreements.
• Family Law Week's Budget Briefing 2012
  Articles (21/03/2012)
  Steve Crompton & David Kitson, Tax Directors at RSM Tenon, review the Chancellor’s 2012 Budget announcements
• The Supreme Court's judgment in In the Matter of S (A Child) - An Analysis
  Articles (19/03/2012)
  Jennifer Perrins of 1 King's Bench Walk analyses the Supreme Court's judgment in In the Matter of S (A Child)
• International Children Law Update - March 2012
  Articles (12/03/2012)
  Jacqueline Renton of 4 Paper Buildings reviews the latest key decisions in international children law.
• Dolan v Corby: Opening the Door to Confusion in the Test for Occupation Orders?
  Articles (05/03/2012)
  Eleanor Fletcher and Juliet Chapman, barristers, of Lamb Building explore how far the Court of Appeal’s latest guidance for granting exclusionary occupation orders is consistent with its previous dicta.
• The Participation and Involvement of Children in Family Proceedings
  Articles (28/02/2012)
  Rachel Langdale QC and James Robottom of 7 Bedford Row consider the jurisprudence and practical realities concerning the participation and involvement of children in proceedings relating to them.
• Family arbitration – a soft launch or a hard landing? Some provisional thoughts
  Articles (26/02/2012)
  Rhys Taylor barrister, family arbitrator and collaborative lawyer offers guidance on family arbitration
• Children: Public Law Update (February 2012)
  Articles (19/02/2012)
  John Tughan, Barrister, of 4 Paper Buildings reviews recent developments in Public Law Children
• Norgrove – The Response Considered
  Articles (12/02/2012)
  Sally Gore, barrister, of 14 Gray's Inn Square analyses the Government's response to the Family Justice Review in the context of current family law practice
• Keeping up with appeal procedure in the High Court (or at least trying to)
  Articles (08/02/2012)
  Byron James, barrister, 14 Gray’s Inn Square reviews the guidance arising from the latest case law concerning applications for leave to appeal in financial remedies orders in the High Court
• Children: Private Law Update (February 2012)
  Articles (07/02/2012)
  Alex Verdan QC reviews the most significant of the latest judgments in private law Children applications.
• A Practical and Legal Analysis of Islamic Marriage, Divorce and Dowry
  Articles (31/01/2012)
  Charlotte Proudman, barrister, provides some legal and practical guidance on Islamic marriage, divorce and dowry and describes the procedures at Birmingham Central Mosque's Sharia Council.
• Court of Protection Update (January 2012)
  Articles (18/01/2012)
  Sally Bradley, Barrister, of 4 Paper Buildings, reviews significant recent decisions in the Court of Protection relating to deprivation of liberty, the appointment of a Relevant Person's Representative as litigation friend and costs.