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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.

• Children: Public Law Update (December 2018)
  Articles (13/12/2018)
  John Tughan QC of 4 Paper Buildings reviews recent, important Children Public Law cases.
• The continuing problem of care proceedings relating to children of parents who have already had previous children removed from their care: what is to be done?
  Articles (07/12/2018)
  Michael Jones, a barrister at Dean’s Court chambers in Manchester considers the problem of women who have experienced, or are at risk of, repeated pregnancies that result in children needing to be removed from their care and the work of Pause, a charity which aims to give women the chance to pause and take control of their lives.
• Litigants in Person – an inherent problem with the justice system
  Articles (09/11/2018)
  Matthew Richardson, barrister at Coram chambers considers the fundamental problem with re-shaping our justice system around a huge increase in litigants in person, caused by the removal of legal aid provision from most cases
• Financial Remedy & Divorce Update, November 2018
  Articles (02/11/2018)
  Sue Brookes Principal Associate and Rose-Marie Drury Senior Associate, for Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during October 2018.
• Are You Being Served? Rules On International Service in Family Cases
  Articles (21/10/2018)
  Sarah Lucy Cooper, barrister, Thomas More Chambers considers the issue of international service in family cases
• The Financial Remedies Court: Latest Developments
  Articles (14/10/2018)
  Matthew Richardson, family barrister at Coram Chambers, provides an update on the progress of the Financial Remedies Court and highlights that rollout dates are soon to be announced.
• Divorce & Financial Remedy Update, October 2018
  Articles (02/10/2018)
  Naomi Shelton, Associate, Mills & Reeve LLP considers the news and case law relating to financial remedies and divorce during September 2018
• International Children Law Update: September 2018
  Articles (27/09/2018)
  Jacqueline Renton and Charlotte Baker, both barristers of 4 Paper Buildings, review the latest key decisions in international children law.
• “Wait a Minute, Mr Postman”: Post-Adoption Contact after the Children and Families Act 2014
  Articles (21/09/2018)
  Dr Bianca Jackson, barrister, Coram Chambers and co-author of “Public Children Law: Contemporary Issues” examines the issue of post-adoption contact
• Consent Orders: Triumph or Disaster? Working towards best practice in reaching consent orders
  Articles (11/09/2018)
  Following a multi-professional seminar, David Pitcher, Family Court Adviser, Cafcass and Carol Mashembo, barrister, Magdalen Chambers, Exeter with Dr Anna Gough and Sarah Evans consider the issues concerning best practice in consent orders in family proceedings.
• Financial Remedies and Divorce Update, September 2018
  Articles (06/09/2018)
  Rose-Marie Drury, Senior Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during August 2018.
• Brexit and international family law: a pragmatic approach to divorce and maintenance
  Articles (30/08/2018)
  Gavin Smith, David Hodson OBE, and Valentine Le Grice QC put the case for how the need for the recognition and enforcement of judgments and orders in divorce and maintenance post-Brexit may be met by existing international agreements.
• Posthumous conception: a legacy in life, incapacity and death
  Articles (21/08/2018)
  Louisa Ghevaert and Michael Mylonas QC consider the ground breaking decision in Y v A Healthcare NHS Trust and others [2018] EWCOP 18
• Children: Public Law Update (August 2018)
  Articles (15/08/2018)
  John Tughan QC of 4 Paper Buildings reviews recent, important Children Public Law cases.
• Divorce and Financial Remedy Update, August 2018
  Articles (08/08/2018)
  Naomi Shelton, Associate, Mills & Reeve LLP considers the news and case law relating to financial remedies and divorce during July 2018
• Depriving children of their liberty: Resources and Reform
  Articles (07/08/2018)
  Michael Jones, barrister, Deans Court Chambers, Manchester, considers the use of the court’s inherent jurisdiction in some deprivation of children’s liberty cases and calls for urgent reform
• Williams v The London Borough of Hackney: Guidance for parents and local authorities on the use of s.20 Children Act 1989
  Articles (04/08/2018)
  Louise MacLynn, Sharon Segal and Olivia Magennis, barristers at 1GC Family Law who all appeared in Williams v The London Borough of Hackney, consider the implications of the judgment for local authorities, parents and their legal advisers.
• The Divorce Trap: Life After Owens v Owens
  Articles (03/08/2018)
  Georgina Rushworth, Family Law Barrister at Coram Chambers, where she specialises in divorce and its financial consequences, considers the implications of the recent Supreme Court decision
• Children Private law update Summer 2018
  Articles (26/07/2018)
  Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.
• Surrogacy and HFEA Update: July 2018
  Articles (18/07/2018)
  Andrew Powell, barrister of 4 Paper Buildings, considers recent important judgments concerning surrogacy and highlights the focus of the Law Commission’s review of the law of surrogacy.
• Divorce & Financial Remedy Update, July 2018
  Articles (11/07/2018)
  Sue Brookes, Principal Associate and Rose-Marie Drury, Senior Associate, both with Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during June 2018.
• Enforcement and the powers of the family court: VS v RE [2018] EWFC 30
  Articles (04/07/2018)
  Michael Horton, barrister at Coram Chambers explains the jurisdiction of the family court in relation to enforcement proceedings and highlights considerations which impact on the drafting of recitals to consent orders.
• Human Rights Act Claims and Care Proceedings: A New Dawn
  Articles (29/06/2018)
  Will Tyler QC and Ben Mansfield, both of 36 Family, who jointly represented the Local Authority and Father in Northamptonshire County Council & Anor v The Lord Chancellor (via the Legal Aid Agency) [2018], consider the important new Guidance from the Legal Aid Agency, appended to the judgment, which confirms a fundamental change in the Lord Chancellor’s position. If the Guidance is followed the Legal Aid Agency confirms that it will no longer apply the statutory charge from care proceedings to Human Rights Act 1998 damages.
• Family Mediation: Piercing the cloak of confidentiality
  Articles (21/06/2018)
  Deborah Eaton QC, 1 King's Bench Walk, Hassan Khan, 4 Paper Buildings and Mark Irving, Harbottle & Lewis examine whether mediation agreements are always susceptible to privilege, following Mr Justice Williams’s judgment in BL v TC & OD [2017] EWHC 3363.
• Villiers - a cross border conundrum
  Articles (18/06/2018)
  Lucia Clark, Partner (dual-qualified in English and Scottish family law) and Alex Critchley, Solicitor, both of Morton Fraser LLP consider the implications of the recent Court of Appeal judgment in Villiers v Villiers
• Finance and Divorce Update, June 2018
  Articles (14/06/2018)
  Naomi Shelton, Associate, Mills & Reeve LLP considers the news and case law relating to financial remedies and divorce during May 2018
• Varying your child maintenance: it can pay dividends!
  Articles (14/06/2018)
  Using a fictitious scenario Gwyn Evans, barrister, Tanfield Chambers highlights legal and practical issues relating to child maintenance.
• Ending a marriage in the 21st century, a look beyond no fault divorce
  Articles (08/06/2018)
  Sophie Crampton, Pupil, Coram Chambers makes the case for reform of the law of divorce
• Enhancing the rights of grandchildren to see their grandparents
  Articles (08/06/2018)
  Julie Stather, barrister, Crown Office Row, Brighton advances the case for reform of the law relating to the rights of grandchildren to see their grandparents.
• Children: Public Law Update (June 2018)
  Articles (07/06/2018)
  John Tughan QC of 4 Paper Buildings reviews recent, important Children Public Law cases.
• The Impact of the Vienna Convention on Consular Relations 1963 within Child Protection
  Articles (24/05/2018)
  Sian Young, Solicitor with Nottinghamshire County Council, provides guidance for practitioners.
• Interim Sale of the Family Home in Financial Remedy Proceedings
  Articles (23/05/2018)
  Philip Newton, barrister, Becket Chambers Canterbury considers whether it is possible to obtain an order for sale of the family home before the final hearing.
• A Short Note on Habitual Residence: AB v CD [2018] EWHC 1021 (Fam)
  Articles (22/05/2018)
  Alex Laing of Coram Chambers notes Mr Justice Keehan's judgment in a 'helpful template case' for the determination of disputed habitual residence.
• Daedalus, Ariadne and the Minotaur: Where are we now?
  Articles (15/05/2018)
  Alex Laing of Coram Chambers re-visits the use of the inherent jurisdiction to deprive children of their liberty in the light of recent judgments.
• Finance & Divorce Update, May 2018
  Articles (09/05/2018)
  Sue Brookes, Principal Associate and Rose-Marie Drury, Senior Associate, both with Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during April 2018.
• JY v RY: An Indictment of the Impact of Legal Aid Cuts
  Articles (04/05/2018)
  Matthew Richardson, barrister, Coram Chambers explains why a case, described by the judge as ‘the most unsatisfactory’ he has heard and in which ‘had one or both of these parents been represented … probably the outcome would have been very different’, serves as an alarming lesson in just how far our justice system has fallen.
• Children: Private Law Update (Spring 2018)
  Articles (27/04/2018)
  Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.
• Getting the Most Out of Independent Reviewing Officers in Care Proceedings
  Articles (20/04/2018)
  Gabrielle Jan Posner, Barrister and Recorder, Trinity Chambers Chelmsford, argues for a more involved role for IROs in care proceedings.
• Finance and Divorce Update, April 2018
  Articles (15/04/2018)
  Claire Molyneux Senior Associate, and Naomi Shelton, Associate, Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during March 2018
• Forced Marriage: protective measures for children and young people in the family courts and the court of protection – part 2
  News (11/04/2018)
  In the second of two articles concerning the development of the law in relation to forced marriage and the protective remedies available for children and young people, Judith Pepper, barrister of Four Brick Court, examines the remedies available for adults.
• Forced Marriage: protective measures for children and young people in the family courts and the court of protection – part 1
  Articles (08/04/2018)
  Judith Pepper, barrister of 4 Brick Court, examines in the first of two articles the development of the law in relation to forced marriage and the protective remedies available for children and young people, focusing on the protective measures available by utilising the inherent jurisdiction of the court.
• Lower Tier Members of the Hague Club?
  Articles (04/04/2018)
  Elisabeth Andrews, Pupil Barrister at 4 Paper Buildings, considers the difficulties faced by countries aiming to become new members of the Hague Convention 1980 and what influence Pakistan’s accession may have in terms of encouraging other South Asian and Muslim countries to follow suit.
• Villiers v Villiers: An Update
  Articles (22/03/2018)
  Michal Horton and Alex Laing, both of Coram Chambers, report on the latest developments in a case that has attracted widespread attention in the press.
• Lawyers, Legal Language and Fact-finding Hearings under Part IV of the Children Act 1989
  Articles (16/03/2018)
  David Bedingfield, barrister of 4 Paper Buildings, discusses what lessons can be learned from the Court of Appeal's judgment in R (Children) [2018] EWCA Civ 198.
• Finance & Divorce Update March 2018
  Articles (09/03/2018)
  Rose-Marie Drury, senior associate, Mills & Reeve LLP, analyses the news and case law relating to financial remedies and divorce during February 2018.
• Surrogacy and HFEA Update (March 2018)
  Articles (08/03/2018)
  Andrew Powell, barrister of 4 Paper Buildings, considers recent developments relating to surrogacy law, including new guidance, as well as the latest cases concerning administrative errors and the HFEA.
• Child Support Update
  Articles (01/03/2018)
  Jody Atkinson TEP, barrister at St John's Chambers, Bristol, takes stock of the developments in child support law and practice and considers the implications for parents.
• Does the inclusion of families and children in family proceedings go far enough?
  Articles (22/02/2018)
  Adele Cameron-Douglas, barrister of 4 Paper Buildings, asks how children can continue to be involved in proceedings that concern them after their conclusion.
• Child Contact Interventions
  Articles (15/02/2018)
  Adrian Barnett-Thoung-Holland, barrister of St Alban's Chambers, explains the practicalities of a valuable resource for children lawyers.
• Enforcement against Pensions in Financial Remedies Cases: the neglected option.
  Articles (13/02/2018)
  Joseph Rainer, barrister, Queen Elizabeth Building highlights the availability and effectiveness of the Blight v Brewster method to enforce a financial remedy order.
• The ECHR’s ruling in Kaminska v Poland: Enforcement of return orders – where do we go from here?
  Articles (11/02/2018)
  James Netto, Solicitor Advocate with Dawson Cornwell, considers a recent judgment of the ECtHR that confirms the need for the rapid recognition and enforcement of child abduction and custody orders.
• Five “Highly Pertinent” Questions: Discrimination, Contact and the Family Court following Re M (Children) [2017] EWCA Civ 2164
  Articles (06/02/2018)
  Hassan Khan and Charlotte Baker, barristers at 4 Paper Buildings, present a framework for approaching cases where issues of human rights and discrimination arise in contact cases.
• Discrimination, Contact and the Family Court – a reference guide
  download (06/02/2018)
  
• Availability of Legal Aid for Applications Pursuant to the 1996 Hague Convention
  Articles (04/02/2018)
  Anne-Marie Hutchinson OBE QC (Hon), Partner, Dawson Cornwell, and Michael Gration, Barrister, 4 Paper Buildings, highlight an oversight in LASPO.
• Finance and Divorce Update, February 2018
  Judgments (02/02/2018)
  Naomi Shelton, Associate and Frances Bailey, Principal Associate with Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during January 2018.
• Children: Public Law Update (January 2018)
  Articles (25/01/2018)
  John Tughan QC of 4 Paper Buildings reviews recent important Children Public Law cases.
• Family Law in the European Court of Human Rights in 2017
  Articles (24/01/2018)
  Julia Queen, barrister of Coram Chambers, considers a selection of the cases heard by the European Court of Human Rights (‘the Court’) in 2017 which are of particular interest to family lawyers.
• Parents with Learning Disabilities and a Local Authority’s Responsibilities
  Articles (18/01/2018)
  Emma Harman, barrister of 3PB, explains the lessons that can be learned from A Local Authority v G (Parent with Learning Disability) [2017] EWFC B94.
• How we can cut the cost of divorce
  Articles (12/01/2018)
  Hazel Wright, Partner and Accredited Mediator with Hunters Solicitors considers the cost benefits of a “no fault” divorce regime.
• Finance and Divorce Update, January 2018
  Articles (10/01/2018)
  Sue Brookes, Principal Associate and Rose-Marie Drury, Senior Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during December 2017.
• Bitcoin, blockchain and smart contracts: consequences for family law in the not too distant future
  Articles (13/12/2017)
  Byron James barrister, Expatriate Law (United Arab Emirates) considers the possible implications of bitcoin, bitchain and other developments on financial remedy cases.
• Finance and Divorce Update, December 2017
  Articles (06/12/2017)
  Frances Bailey Principal Associate and Naomi Shelton, Associate with Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during November 2017.