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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.

• Lessons to be learned from Re: L [2019] EWHC 867 (Fam)
  Articles (06/06/2019)
  Anarkali Musgrave, barrister with Coram Chambers, looks at Re: L, a case involving an application by the father for change of residence of a child, in which the Guardian chose not to seek the child's wishes and feelings.
• Mediation post-LASPO
  Articles (30/05/2019)
  Philippa Hemery, mediator at One Pump Court Chambers, tracks the recent history of family mediation take-up and looks at what might be done to increase access to mediation.
• When Parental Alienation Crosses into the Criminal Jurisdiction
  Articles (23/05/2019)
  June Venters QC, of Venters Solicitors and Lamb Building, discusses the implications when issues of parental alienation arise in criminal proceedings.
• Financial Remedy & Divorce Update, May 2019
  Articles (14/05/2019)
  Rose-Marie Drury, Senior Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during April 2019.
• Financial Remedy Update, April 2019
  Articles (04/04/2019)
  Naomi Shelton, Associate, Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during March 2019.
• Private Lives and Public Sorrows
  Articles (30/04/2019)
  Hazel Wright, Partner with Hunters Solicitors, highlights three cases which have emphasised the usefulness to family lawyers of the Human Rights Act
• We trust PDF files too much – and why we shouldn’t
  Articles (29/04/2019)
  Byron James, Partner with Expatriate Law, explains why, when examining PDFs adduced as evidence, one should not always believe what one sees.
• RE B (A Child) (Post-Adoption Contact) [2019] EWCA Civ 29: What is the Future for Post-Adoption Contact?
  Articles (18/04/2019)
  The issue of post-adoption contact was recently considered by the Court of Appeal in Re B (A Child) (Post-Adoption Contact) [2019] EWCA Civ 29. This article, written by the solicitor and junior counsel for the appellants, considers the backdrop against which this appeal was made and where this judgment leaves the issue of post-adoption contact.
• Children: Public Law Update (Spring 2019)
  Articles (02/04/2019)
  John Tughan QC of 4 Paper Buildings reviews recent, important Children Public Law cases.
• The Inheritance Act and Adult Child Claimants – recent guidance from the Chancery Division
  Articles (29/03/2019)
  Gwyn Evans, barrister of Tanfield Chambers, explains the court’s judgment in a recent Inheritance Act case involving an estranged adult claimant, reliant on state benefits, and defendants for whom inheritance was a windfall.
• Return to a ‘third state’: S (A Child) (Hague Convention 1980: Return to Third State)
  Articles (20/03/2019)
  Pam Sanghera of Charles Strachan Solicitors represented the appellant mother in the successful appeal of an order requiring the summary return of a child “A” to a state which was not the child’s previous habitual residence, ie to a third state. In this article she explains the reasoning by which the Court of Appeal determined that the order could not stand because it was effectively a relocation order made without undertaking any welfare exercise, which in itself is not within the framework of the 1980 Hague Convention.
• Children Private Law Update – March 2019
  Articles (14/03/2019)
  Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.
• Finance & Divorce Update March 2019
  Articles (08/03/2019)
  Sue Brookes, Principal Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during February 2019.
• Re Q (Child: Interim Care Order: Jurisdiction) [2019] EWHC 512 (Fam): The limits of orders under section 38 Children Act 1989
  Articles (08/03/2019)
  Chris Barnes, barrister, 4pb, and Mitali Zakaria, partner at ITN Solicitors, consider the case of Re Q (Child: Interim Care Order: Jurisdiction) [2019] EWHC 512 (Fam) where the Court was invited to interpret the scope of the jurisdiction to make interim orders under section 38 of the Children Act 1989. (The authors acted for Q’s father.)
• Surrogacy and HFEA update: February 2019
  Articles (01/03/2019)
  Andrew Powell, barrister, 4 Paper Buildings, considers recent developments relating to surrogacy law, including new guidance, as well as recent cases.
• Financial Remedy and Divorce Update, February 2019
  Articles (13/02/2019)
  Sarah Hunter, Senior Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during January 2019.
• BC v BG - Cementing the future of arbitration
  Articles (08/02/2019)
  Julie Stather, barrister, Crown Office Row, Brighton considers the role of arbitration and what the future holds for the scheme.
• The Domestic Abuse Bill: a long-awaited overhaul or flawed legislation with an implementation problem?
  Articles (07/02/2019)
  Hannah Gomersall, barrister at Coram Chambers, explores the proposed reforms set out in the government’s Domestic Abuse Bill: its scope, workability and whether the Family Court will be able to cope with the ensuing workload.
• Challenging Interim Threshold
  Articles (30/01/2019)
  Anna McKenna QC, 1 King’s Bench Walk, Emily Boardman, partner, Boardman, Hawkins & Osborne LLP and Anna Sutcliffe, barrister, 1 King’s Bench Walk consider the circumstances when it may be appropriate to challenge interim threshold findings in an alleged NAI case without waiting for evidence from a single joint expert.
• Important Lessons to be Learned from BT and GT (Children: Twins - Adoption) [2018] EWFC 76
  Articles (24/01/2019)
  David Bedingfield, barrister at 4 Paper Buildings analyses the judgment of Keehan J in BT and GT (Children: Twins—Adoption) [2018] EWFC 76 and highlights the lessons to be learned for all child care professionals and lawyers.
• International Forum on Online Courts London, December 2018: an international family lawyer’s perspective
  Articles (16/01/2019)
  Professor David Hodson OBE MICArb, Partner, The International Family Law Group, provides a family lawyer’s perspective of the matters arising at the inaugural International Forum on Online Courts.
• The Thwaite Jurisdiction – No Longer the Last Reserve of the Desperate?
  Articles (16/01/2019)
  Joseph Rainer, barrister, Queen Elizabeth Building examines the use of the Thwaite jurisdiction in relation to the court’s power to revisit financial remedy orders by analysing the relevant case law and using some fictitious practical case studies.
• Financial Remedy & Divorce Update, January 2019
  Articles (11/01/2019)
  Rose-Marie Drury, Senior Associate, and Sue Brookes, Principal Associate, Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during December 2018.
• Financial Remedy & Divorce Update, December 2018
  Articles (06/01/2019)
  Naomi Shelton, Associate, Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce which arose late last year (the other news and key judgments will be covered in a separate update).