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Articles

The list below is of the articles published on the site this year. Click the folders on the left hand side to browse the archive of articles now available on the site since we started publishing in 2005.

• Cryptocurrencies and Cryptoassets: Freezing Orders, Disclosure Orders and the Instruction of Experts
  Articles (31/07/2020)
  Andrzej Bojarski of 36 Family and Byron James of Expatriate Law consider some of the areas where the conventional freezing order precedent needs to be adapted to deal with cryptoassets
• Non-molestation orders: Valid Service in the time of Coronavirus (Part 2)
  Articles (27/07/2020)
  Rachel Cooper and Michael Horton from Coram Chambers further consider the service of non-molestation orders in the time of Covid-19.
• Parental Alienation: the enigma of family law
  Articles (24/07/2020)
  Ian McArdle, barrister of Atlantic Chambers, Liverpool, calls for an agreed definition of ‘parental alienation’.
• Financial Remedy Update, July 2020
  Articles (13/07/2020)
  Sue Brookes Principal Associate, Family Lawyer, Collaborative Lawyer and Mediator for Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during July 2020.
• Domicile and the UAE: is it possible for an expatriate to be considered domiciled in the UAE under English law?
  Articles (08/07/2020)
  Byron James, Partner with Expatriate Law, asks a question concerning domicile on which there is no known decision.
• Child Breakdown Service
  Articles (07/07/2020)
  Paul Pavlou, barrister of 4 Brick Court, highlights failings in the system of maintaining the children of separated families in the UK and calls for fundamental change.
• A “major overhaul” of family courts to protect domestic abuse victims… or a re-branding exercise?
  Articles (06/07/2020)
  Hannah Gomersall, barrister, and Srishti Suresh, pupil barrister, both of Coram Chambers, review the government’s proposed changes to the family courts in response to the experiences of domestic abuse victims.
• FRB v DCA: Back to base-ics
  Articles (02/07/2020)
  Thomas Rodwell and Gavin Dallow, chartered accountants and business valuation experts of Rodwell Dallow Advisory, explain different bases of value and the impact they can have on business valuations in the light of Cohen J’s judgment in FRB v DCA [No. 2] [2020] EWHC 754 (Fam)
• Protection of Children who are Seventeen
  Articles (01/07/2020)
  Hazel Samuriwo, In-house Advocate at London Borough of Brent, details the measures available to protect young people over seventeen years of age.
• How Judges Make their Decisions – is witness demeanour a myth?
  Articles (29/06/2020)
  Madeleine Whelan, barrister of Fourteen, considers how much weight judges might give to witnesses’ demeanour when evaluating their evidence in the light of a recent judgment by Mrs Justice Lieven.
• Case Management and COVID-19: A New Road to Consistency?
  Articles (24/06/2020)
  John Jupp, Solicitor, and Lecturer in Law at the University of Sussex, considers whether family judges are making consistent case management decisions during the pandemic.
• Business as Usual? The Impact of COVID-19 on Access to Family Justice in England and Wales
  Articles (23/06/2020)
  John Jupp, Solicitor, and Lecturer in Law at the University of Sussex, examines the impact of the pandemic on the family justice system and the nature and extent of the challenges faced by family law professionals and court users.
• The Road Ahead: Fairness and the Family Courts in the era of Covid-19
  Articles (22/06/2020)
  Alex Hodge, barrister at 3PB, considers the fairness of a judicial system in which hearings are conducted remotely, evidence and submissions are limited and cases are managed robustly.
• The Divorce, Dissolution and Separation Bill: So long, farewell, auf Wiedersehen, nisi
  Articles (17/06/2020)
  Simon Rowbotham, Barrister with 7 Bedford Row, prepares to wave goodbye to some familiar friends.
• Non-molestation orders: Valid Service in the time of Coronavirus
  Articles (16/06/2020)
  Rachel Cooper and Michael Horton from Coram Chambers consider the service of non-molestation orders in the time of Covid-19.
• Separated Parents and Covid-19: Child arrangements in quarantine times
  Articles (10/06/2020)
  Lindsay Yateman and Naomi Lelliott, solicitors with Excello Law, discuss how separated parents can best manage child arrangements under the current lockdown requirements.
• Re E: When the Court is Charged with a Child’s Funeral
  Articles (09/06/2020)
  James Netto, Senior Associate with Dawson Cornwell, considers the latest judgment on parental disputes concerning a child’s burial
• RC v JC and Compensation Claims
  Articles (05/06/2020)
  Richard Kershaw, Partner with Hunters Law LLP, considers Moor J’s departure from the established approach towards compensation for relationship-generated disadvantage in financial remedies claims.
• Children: Public Law Update
  Articles (04/06/2020)
  John Tughan QC of 4 Paper Buildings reviews recent important public law cases concerning children.
• Vaccination: Course Correction Local Authority powers following Re H (A Child) (Parental Responsibility: Vaccination) [2020] EWCA Civ 664
  Articles (27/05/2020)
  Chris Barnes, and Harry Langford, barristers at 4PB, consider the case of Re H (A Child) (Parental Responsibility: Vaccination) [2020] EWCA Civ 664 in which the Court of Appeal has made a significant intervention in the vaccination arena, potentially redefining the scope of local authority powers under section 33 of the Children Act 1989.
• Bristol's Experience of Remote Working in the Family Court
  Articles (26/05/2020)
  Sarah Jennings, barrister of 3PB, with contributions from HHJ Wildblood QC and Sarah Pope, barrister of Albion Chambers, shares the lessons learned from a mock remote hearing in a child protection case.
• A Practical Guide to Remote FDRs: Family Finance
  Articles (17/05/2020)
  Nicola Frost, Tonia Clark and Amy Beddis, Barristers of 3PB, report on a mock remote Financial Dispute Resolution hearing recently presented in Bristol.
• Force Majeure or Reasonable Excuse: Child Arrangements Orders and COVID-19.
  Articles (14/05/2020)
  Sam Watts, pupil barrister at Coram Chambers considers contact arrangements and COVID-19
• Covid-19 takes its toll on divorced and separated couples
  Articles (14/05/2020)
  Alex Carruthers, founding partner at Hughes Fowler Carruthers, considers the impact on couples of the social and economic consequences of the coronavirus emergency.
• Surrogacy and HFEA Update: April 2020
  Articles (06/05/2020)
  Andrew Powell, barrister of 4 Paper Buildings, considers recent cases relating to surrogacy and HFEA.
• Financial Remedy Update May 2020
  Articles (06/05/2020)
  Sue Brookes, Principal Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during April 2019.
• Remote Hearings – A Case Law Update
  Editorial (05/05/2020)
  Danish Ameen, barrister of 18 St John Street Chambers, provides case law analysis highlighting key points for practitioners following the judgments handed down by the Court of Appeal in Re A and Re B.
• Adoption & Children (Coronavirus) Regulations 2020 – a step too far
  Editorial (30/04/2020)
  Madeleine Whelan considers the implications of the Adoption and Children (Coronavirus) (Amendment) Regulations 2020
• Children Arbitration: A Speedy Solution for Contact Disputes during Covid-19 and beyond (including 3-step printable guide)
  Articles (23/04/2020)
  Hassan Khan, MCIArb, Barrister and Children’s Arbitrator at 4PB, explains how arbitration may offer a prompt and appropriate remedy for children disputes between parents.
• Financial Remedies and Moving/ Selling a Property in the COVID pandemic
  Judgments (21/04/2020)
  Maria Scotland, barrister, 5SAH and Rosalind Fitzgerald, associate solicitor, Bindmans consider the issues regarding selling properties and moving home in the current health crisis.
• A word on Covid- 19, the use of arbitration and the Expansion of the Children’s Arbitration Scheme to include Relocation of Children
  Articles (14/04/2020)
  Shiva Ancliffe, Coram Chambers reviews the law in relation to the relocation of children under the expansion of the arbitration scheme.
• COVID 19 Lockdown and Domestic Abuse
  Articles (01/04/2020)
  June Venters QC of Venters Solicitors describes the resources available to assist victims of domestic abuse during the ‘stay at home’ restrictions.
• COVID 19 Lockdown: Mediation between parents who live in separated households
  Articles (30/03/2020)
  Elsbeth Wells FMCA of Venters Solicitors explains the opportunities provided by mediation for parents during the coronavirus lockdown.
• Demystifying Guidance for Separated Parents in the COVID-19 Environment
  Articles (29/03/2020)
  Adrian Barnett-Thoung-Holland of Coram Chambers considers the COVID-19 crisis and its impact for children law practitioners.
• COVID 19 Lockdown: what this means for the separated parent
  Articles (27/03/2020)
  June Venters QC of Venters Solicitors explains the temporary measures introduced in respect of child arrangements during the coronavirus crisis.
• Covid-19/coronavirus and family law: why remote hearings are both feasible and required
  Articles (16/03/2020)
  Byron James considers the potential disruptions of Covid 19 on the Family Court
• Question of Incompatibility - Deprivation of Children’s Liberty Without Court Order?
  Articles (12/03/2020)
  Helen Crowell, Pupil Barrister and Shaun Spencer, Barrister, of St Johns Buildings discuss Deprivation of Liberty and the Children’s Home Regulations 2015
• Financial Remedy Update March 2020
  Articles (09/03/2020)
  Sue Brookes, Principal Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during February 2019.
• Recognition and enforcement of financial remedy orders in Switzerland
  Articles (03/03/2020)
  Roxane Reiser of 1 Hare Court considers the implications of the Akhmedov case for future financial remedy orders in Switzerland.
• Sibling Assessments in Care and Adoption
  Articles (26/02/2020)
  Judith Pepper has delivered presentations with Professor Daniel Monk to the Judicial College on the issue of siblings in care proceedings and adoption
• Financial Remedy Update, February 2020
  Articles (12/02/2020)
  Sarah Hunter, Senior Associate and Eleanor Cawthra, Associate Mills & Reeve LLP consider the important news and case law relating to financial remedies and divorce during February 2020.
• Financial Remedy Update, January 2020
  Articles (20/02/2020)
  Nicola Rowlings of Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during January 2020.
• The Separate Representation of Children: Part 2
  Articles (03/02/2020)
  Shiva Ancliffe reviews the law relating to the determination of whether a child should be separately represented in proceedings
• The Separate Representation of Children: Part 1
  Articles (02/02/2020)
  Shiva Ancliffe reviews the law relating to the determination of whether a child should be separately represented in proceedings
• Unregulated Accommodation
  Articles (24/01/2020)
  Chris MacDonald, Children’s Guardian at CAFCASS, considers the issues arising when a young person is placed in semi-independent accommodation.
• Children: Public Law Update
  Articles (09/01/2020)
  John Tughan QC of 4 Paper Buildings reviews recent important public law cases concerning children.