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Articles 2016

• Foreign Adoptions: how and in what circumstances should they be afforded recognition?
  Articles (16/12/2016)
  Michael Jones of Deans Court Chambers examines recent important decisions concerning the recognition of adoption orders made abroad.
• Planning for Death, A Child's Wishes and Re JS (Disposal of Body) [2016] EWHC 2859 (Fam)
  Articles (15/12/2016)
  Louise Spalding, Associate Solicitor with Mills & Reeve LLP, considers the court’s powers to enable a 14-year old girl to make preparations for the post-death disposal of her body.
• Children: Public Law Update (December 2016)
  Articles (07/12/2016)
  John Tughan QC of 4 Paper Buildings reviews recent important judgments in the field of public children law.
• Finance and Divorce Update, December 2016
  Articles (03/12/2016)
  Sue Brookes, Senior Associate for Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during November 2016.
• Re R (Child) [2016] EWCA Civ 1016 and Relocations Within the Jurisdiction
  Articles (24/11/2016)
  Claire Molyneux, Senior Associate at Mills & Reeve LLP, considers an interesting review and reiteration by the Court of Appeal of the approach to be taken in relocations of an internal nature.
• “If You Prick Us, Do We Not Bleed?”: The Harassment of Cafcass and Local Authority Workers in Family Law Proceedings
  Articles (15/11/2016)
  Bianca Jackson, barrister of Coram Chambers, sets out the civil remedies available to persons subjected to harassment.
• Finance and Divorce Update November 2016
  Articles (13/11/2016)
  Claire Molyneux, Senior Associate and Naomi Shelton, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during October 2016.
• Court of Protection Update (Autumn 2016): Part 2
  Articles (02/11/2016)
  Sally Bradley and Julia Townend, barristers of 4 Paper Buildings, conclude their review of Court of Protection developments by considering recent judgments concerning reporting restriction orders; costs and civil restraint; and participation in proceedings.
• Negotiating in the Shadow of the Court: Mediation in parallel with litigation
  Articles (27/10/2016)
  Madeleine Reardon, barrister of 1 King's Bench Walk, considers the role of mediation in the course of family proceedings, practical issues arising therefrom and, in particular, confidentiality of the mediation process.
• Court of Protection Update (Autumn 2016): Part 1
  Articles (25/10/2016)
  In the first part of their Court of Protection Update, Sally Bradley and Julia Townend, barristers of 4 Paper Buildings, focus on recent important judgments concerning deprivation of liberty and capacity.
• Finance and Divorce Update October 2016
  Articles (23/10/2016)
  Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during September 2016
• Child Abduction: the Article 13(b) defence and protective measures
  Articles (20/10/2016)
  Lauren Bovington, paralegal, International Family Law Group LLP, analyses a recent important Court of Appeal judgment concerning the Article 13(b) defence in 1980 Hague Convention proceedings.
• Children: Private Law Update (October 2016)
  Articles (12/10/2016)
  Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.
• Surrogacy Law Update – October 2016
  Articles (06/10/2016)
  Andrew Powell, barrister, 4 Paper Buildings, reviews the latest important judgments concerning surrogacy law.
• Enforcing English Family Finance Orders in UAE
  Articles (30/09/2016)
  Byron James, barrister, at FOURTEEN and Alexandra Tribe, Partner, at Expatriate Law consider the problems of enforcing English family finance orders in the United Arab Emirates and examine a possible solution.
• Paying the Price of Love: Costs in Hague Cases
  Articles (21/09/2016)
  Sarah Lucy Cooper, barrister of Thomas More Chambers, considers the circumstances in which a respondent might secure a costs order against an applicant in Hague Convention abduction proceedings.
• Archer v Titchener: what would a family court decide?
  Articles (21/09/2016)
  Jennifer Kotilaine, Pauline Troy, Emma Romer and Eilidh Gardner, all barristers at 42 Bedford Row, consider the family law implications for the Archer family following Helen’s much-publicised acquittal in the criminal court.
• Adoption and The Children and Social Work Bill
  Articles (15/09/2016)
  Adrian Barnett-Thoung-Holland, pupil barrister at FOURTEEN, considers the extent to which the proposed legislation promotes adoption as the preferred model of permanency for children subject to care proceedings.
• Children Arbitration Really Works - What you need to know
  News (13/09/2016)
  Following the determination of the first children arbitration hearing, Farooq Ahmed and Julie Stather, barristers of Hampton Family Arbitration and Westgate Chambers, explain the process and the benefits provided by this new resolution method.
• Finance and Divorce Update September 2016
  Articles (09/09/2016)
  Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during August 2016
• Duties of Local Authorities to Unaccompanied Migrant Children
  Articles (01/09/2016)
  Jennifer Kotilaine, barrister of 42 Bedford Row, analyses the duties of local authorities to unaccompanied migrant children in the light of the House of Lords European Union Select Committee's recent critical report on the subject.
• Honour Based Violence in Children Act Proceedings: A Question of Allocation
  Articles (24/08/2016)
  Damian Stuart, barrister, FOURTEEN, considers how the family courts might better deal with allegations of honour based violence in the context of private law Children Act proceedings.
• Children: Public Law Update (August 2016)
  Articles (11/08/2016)
  John Tughan QC, 4 Paper Buildings, reviews recent decisions relevant to public children lawyers, including two important recent decisions of the Court of Appeal.
• Finance and Divorce Update August 2016
  Articles (07/08/2016)
  Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during July 2016
• Seen and heard? Children as witnesses in family proceedings
  Articles (22/07/2016)
  Damian Stuart, Barrister, FOURTEEN, re-visits Baroness Hale’s seminal speech in Re W (Children) (Abuse: Oral Evidence) in the light of Lord Justice McFarlane’s recent judgment in Re E (A Child)
• Finance & Divorce Update, July 2016
  Articles (15/07/2016)
  Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during June 2016
• Ordering the would-be undertaker: the equitable reach of the Family Court
  Articles (08/07/2016)
  Norma Cronin, solicitor at Hughes Fowler Carruthers and Mark Ablett, Senior Paralegal at Hughes Fowler Carruthers and soon to be pupil barrister at 1 Garden Court Family Law Chambers consider the troublesome issue of enforcement of undertakings in financial remedies cases.
• And There Lurks the Minotaur: The Interrelationship Between the Inherent Jurisdiction and Section 25, CA 1989: Part II
  Articles (08/07/2016)
  Alex Laing, barrister of Coram Chambers, considers further the interrelationship of secure accommodation and the inherent jurisdiction and the principles which should govern its use.
• Occupation Orders: Are we there yet?
  Articles (07/07/2016)
  Kevin Gordon, Pupil Barrister, Coram Chambers explores the courts’ developing approach to the application and granting of occupation orders under section33 (6) and (7) of the Family Law Act 1996 as an updated summary guide to practitioners.
• Re D (A Child): a decision of its time?
  Articles (30/06/2016)
  Katy Chokowry and Nicholas Anderson, barristers of 1 King’s Bench Walk, explain the rationale of the Supreme Court’s judgment in Re D (A Child) and consider the lessons that survive form the Court of Appeal’s judgment.
• Surrogacy update – June 2016
  Articles (29/06/2016)
  Andrew Powell, barrister, 4 Paper Buildings, reviews recent important judgments concerning surrogacy law.
• And There Lurks the Minotaur: The Interrelationship Between the Inherent Jurisdiction and Section 25, CA 1989: Part I
  Articles (22/06/2016)
  Alex Laing, barrister of Coram Chambers, considers the interrelationship of the inherent jurisdiction and secure accommodation.
• Family Assistance Orders: Could more use be made of them?
  Articles (21/06/2016)
  Gabrielle Jan Posner, Barrister and Recorder, Trinity Chambers Chelmsford, draws practitioners’ attention to a resource underused in both private and public law children cases.
• Children: Private Law Update (June 2016)
  Articles (15/06/2016)
  Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.
• International Children Law Update: June 2016
  Articles (07/06/2016)
  Jacqueline Renton, barrister of 4 Paper Buildings, reviews the latest key decisions in international children law.
• Finance & Divorce Update June 2016
  Articles (03/06/2016)
  Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during May 2016
• Serious Parental Alienation – The Approach of the Courts and Practitioners in 2016
  Articles (02/06/2016)
  Francesca Wiley QC of 1 Garden Court Family Law Chambers considers how the landscape is changing in the courts’ and practitioners’ attitudes to intractable contact cases.
• Children: Public Law Update (May 2016)
  Editorial (19/05/2016)
  John Tughan QC of 4 Paper Buildings reviews recent important judgments in the field of public children law.
• Finance & Divorce Update May 2016
  Articles (15/05/2016)
  Edward Heaton, Principal Associate, and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during April 2016
• What’s really in the bests interests of children from other European countries involved in care proceedings?
  Articles (06/05/2016)
  Sarah Phillimore, barrister, of St John's Chambers considers the 'best interests' test under Article 15 of Brussels IIR in the light of the Supreme Court's judgment in Re N.
• Preventing Child Sexual Exploitation: a lacuna in the law
  Articles (04/05/2016)
  Matthew Warmoth, pupil barrister at Fourteen, finds that the court can do little to protect children from CSE when the exploiter is not a party to proceedings and there has been no police caution or conviction for a sexual or violent offence.
• The Brave New World of Electronic Filing at the Central Family Court
  Articles (22/04/2016)
  Michael Allum, Solicitor with The International Family Law Group LLP, explains how the Central Family Court's pilot scheme for electronic filing of documents will work.
• Part 25 Applications – The theory and the practice
  Articles (21/04/2016)
  Marie Crawford, barrister, Becket Chambers considers the disconnection between theory and practice in making applications to adduce expert evidence.
• Adoption: A Vision for Change – permanency and ‘the last resort’
  Articles (17/04/2016)
  Adrian Barnett-Thoung-Holland, pupil barrister at Fourteen, considers how the Department for Education’s proposed four year plan may affect permanency options for children in care.
• The Family Justice Council Guide to Sorting Out Finances on Divorce
  Articles (14/04/2016)
  Stuart Clark, Associate Solicitor at The International Family Law Group LLP, reviews the newly published guide for LiPs dealing with their financial matters after divorce or civil partnership dissolution.
• No child transfer to the EU under Article 15 BIIR without a best interests analysis of its effects on the child.
  Articles (13/04/2016)
  Roger McCarthy QC and Mark Twomey, barrister, of Coram Chambers address the central point of the Supreme Court's judgment in Re N (Children) [2016] UKSC 15
• Finance & Divorce Update, April 2016
  Articles (08/04/2016)
  Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during March 2016
• Covert Recording by Parents – Nothing to Fear but the Truth?
  Articles (08/04/2016)
  Farooq Ahmed, barrister of Westgate Chambers and recorder, addresses the legal issues arising when parents embroiled in children proceedings record conversations or events.
• Family Justice and Race: the need for a fundamental review?
  Articles (24/03/2016)
  Rebekah Wilson, barrister, of Garden Court Chambers asks whether it is time for a review of the lack of racial diversity in the family justice system and of its consequences.
• Children: Private Law Update (March 2016)
  Articles (23/03/2016)
  Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.
• Adoption, foreign nationals and parental consent: where are we now?
  Articles (17/03/2016)
  Michael Jones, Barrister, Deans Court Chambers, analyses the implications of a recent judgment in Re JL and AO (Babies Relinquished for Adoption) which concerned the adoption of children with the consent of the foreign parents.
• Family Law Week’s Budget Briefing. March 2016
  Articles (16/03/2016)
  Matt Boggis of Creaseys Chartered Accountants and tax advisers explains the Budget changes of most relevance to family lawyers.
• Mending Rainbows: Domestic Violence in the LGBT Community/Communities
  Articles (09/03/2016)
  Bianca Jackson and Lucinda Wicks, both barristers at Coram Chambers, consider an issue often disregarded when addressing DV in the UK.
• Justice for Victims of Elder Abuse: designing a new approach with older people
  Articles (08/03/2016)
  Professor John Williams of Aberystwyth University outlines the Choice project which will be working with older people who are being abused in order to assist them access the kind of help and support they need.
• Finance and Divorce Update (March 2016)
  Articles (05/03/2016)
  Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during February 2016
• What is it like to arbitrate?
  Articles (26/02/2016)
  Alexander Chandler, barrister, 1 King’s Bench Walk, offers insights into the arbitration process.
• Children: Public Law Update (February 2016)
  Articles (24/02/2016)
  John Tughan QC of 4 Paper Buildings analyses recent significant judgments in public children law.
• An Inconvenient Truth: The Danger of Using Undertakings in International Cases
  Articles (18/02/2016)
  Sarah Lucy Cooper, barrister, of Thomas More Chambers considers the perils of relying on undertakings in cases with a foreign element.
• Finance and Divorce Update, February 2016
  Articles (15/02/2016)
  Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during January 2016
• In the Matter of B (A Child): Habitual Residence and the Child-Centric Approach to Jurisdiction
  Articles (14/02/2016)
  Richard Harrison QC, Madeleine Reardon and Jennifer Perrins, all of 1 King's Bench Walk, and Simon Bruce, Partner, of Farrer & Co, analyse the judgment in B (A Child) [2016] UKSC 4 and the key issues: (i) loss of habitual residence; (ii) the relevance of parental status in cases involving same-sex couples; and (iii) the parens patriae jurisdiction.
• Who Guards the Guardians?
  Articles (31/01/2016)
  The Association of Lawyers for Children and the National Association of Guardians ad Litem and Reporting Officers respond to recent guidance given in the Central Family Court on the need for guardians to justify their attendance at care hearings save in specified circumstances.
• Internal Relocation: The Law Following Re C (Internal Relocation) [2015] EWCA Civ 1305
  Articles (31/01/2016)
  Deborah Eaton QC and Stephen Jarmain, barrister, both of 1 King’s Bench Walk, explain the lessons to be learned from the important Court of Appeal judgment on internal relocation in which the authors represented the mother.
• Part III and the Maintenance Regulation: Clash of the Titans
  Articles (24/01/2016)
  Charles Hale QC and Henry Clayton, both of 4 Paper Buildings, outline the debate which the Court of Appeal declined to resolve in the recent case of Ramadani v Ramadani [2015] EWCA Civ 1138.
• Unwritten Rules – large families in ToLATA cases
  Articles (15/01/2016)
  Samuel Littlejohns, barrister, 1 Hare Court, considers legal, evidential and practical problems that can arise in real property disputes where family members share property based on intentions and cultural understandings which do not easily fall within the classifications of English law.
• Surrogacy Law Update (January 2016)
  Articles (13/01/2016)
  Andrew Powell, barrister, of 4 Paper Buildings reviews recent developments in surrogacy law.
• Finance and Divorce Update January 2016
  Articles (08/01/2016)
  Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during December 2015
• The Race to Court under EU Brussels II: A New Approach?
  Articles (08/01/2016)
  Stuart Clark, an Associate at The International Family Law Group LLP, reports on a recent Irish case which could have important implications for the priority of divorce proceedings in international cases.