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Articles 2017

• Index Linking Periodical Payments
  Articles (24/11/2017)
  Andrew Campbell, barrister, Queen Elizabeth Building, analyses the impact of indexation on periodical payment awards with illuminating practical examples showing why this aspect of the award can make a material difference to the payer and the payee.
• The revised Practice Direction 12J: Child Arrangements & Contact Order: Domestic Violence and Harm
  Articles (17/11/2017)
  Marie Crawford, barrister of Becket Chambers, explains in detail the changes to Practice Direction 12J.
• Have We Created a Monster? Intractable Contact Disputes and Parental Alienation in Context
  Articles (15/11/2017)
  Briony Palmer, barrister of 3 Dr Johnson's Buildings, considers intractable contact disputes where the underlying dynamics are not obvious.
• Finance and Divorce Update, November 2017
  Articles (08/11/2017)
  Rose-Marie Drury, Senior Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during October 2017.
• Surrogacy and HFEA Update (November 2017)
  Articles (07/11/2017)
  Andrew Powell, barrister of 4 Paper Buildings, considers recent developments relating to surrogacy law as well as the latest cases concerning administrative errors and the HFEA.
• MIAMs: a worthy idea, failing in delivery
  Articles (31/10/2017)
  Andrew Moore and Sue Brookes, both of Mills and Reeve LLP, consider mediation information assessment meetings, highlighting the flaws in the process and what can be done to improve the current system.
• From Russia with love: the latest word on Part III MFPA 1984 Claims
  Articles (27/10/2017)
  Byron James, barrister, Expatriate Law (based in the United Arab Emirates) considers the recent guidance from the Court of Appeal in relation to applications made under Part III of the Matrimonial and Family Proceedings Act 1984
• A Week in the Life – Cafcass Legal
  Articles (19/10/2017)
  Jeremy Ford, Solicitor, describes the many and varied roles carried out by the team of lawyers at Cafcass Legal.
• Known Sperm Donor and Co-parenting Arrangements – a cautionary tale
  Articles (18/10/2017)
  Rose-Marie Drury, Senior Associate with Mills & Reeve LLP, considers the legal issues for parties involved in such arrangements.
• Hair Strand Testing for Cocaine
  Articles (12/10/2017)
  Emily James and Kate Tompkins, barristers of 36 Family, consider a new judgment in which Sir Peter Jackson affirmed, and offered guidance on, current testing arrangements.
• Finance and Divorce Update October 2017
  Articles (05/10/2017)
  Naomi Shelton, Associate with Mills & Reeve LLP, analyses the news and case law relating to financial remedies and divorce during September 2017.
• Children: Private Law Update (September 2017)
  Articles (29/09/2017)
  Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.
• Public Law Clients with Learning Disabilities – Bridging the Gap
  Articles (20/09/2017)
  Gillian Geddes, barrister, of Hind Court considers the correct focus for public law arguments in support of parents with learning disabilities being allowed to care for their children.
• A Small Step Towards Equality: The Indian Supreme Court Triple Talaq Decision
  Articles (12/09/2017)
  Sulema Jahangir, Associate with Dawson Cornwell, applauds 'a small victory' on the road to a uniform civil code regulating the personal affairs of all religious groups.
• Finance and Divorce Update September 2017
  Articles (01/09/2017)
  Sue Brookes, Principal Associate with Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during August 2017.
• Talk about a revolution: the internet and children proceedings
  Articles (17/08/2017)
  Jennifer Kotilaine, barrister of 3PB, reflects on the various ways in which the application of children law has adapted to the internet and social media and on the further adaptations that may lie ahead.
• The Case of X: A Wake Up Call
  Articles (15/08/2017)
  Michael Jones, barrister, Deans Court Chambers, Manchester, considers the lessons to be learned from the case of X which attracted considerable attention in the mainstream media.
• Best Interests and Transfers of Proceedings under Article 15 Brussels II Revised in a Public Law Context – Where are we now?
  Articles (09/08/2017)
  Maria Wright, PhD Student at the University of Bristol, addresses how courts must now approach Article 15 transfers of public law proceedings in the light of CJEU and Supreme Court judgments.
• Children: Public Law Update (August 2017)
  News (09/08/2017)
  John Tughan QC of 4 Paper Buildings reviews a range of recent important public law cases.
• Finance and Divorce Update, August 2017
  Articles (02/08/2017)
  Naomi Shelton, Associate with Mills & Reeve LLP, analyses the news and case law relating to financial remedies and divorce during July 2017.
• Binding agreements in TOLATA claims
  Articles (28/07/2017)
  Alexander Chandler, barrister, 1 King’s Bench Walk, considers the law and practice of agreements to settle TOLATA claims.
• Singapore Sling
  Articles (19/07/2017)
  Wong Kai Yun from Singapore and Sarah Lucy Cooper from England and Wales mull over differences between divorce proceedings in Singapore and England.
• Finance and Divorce Update, July 2017
  Articles (06/07/2017)
  Sue Brookes, Senior Associate with Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during June 2017.
• The New Cafcass Guidance on the Use of Professional Time
  Articles (04/07/2017)
  Gabrielle Jan Posner, Barrister and Recorder, Trinity Chambers Chelmsford, considers Cafcass’s response to the record levels of demand for its services.
• Sham Trusts and the Grand National
  Articles (28/06/2017)
  Mark Warwick QC of Selborne Chambers explains the hurdles that need to be cleared in order to establish that a trust is a sham in the light of the judgment in ND v SD and Others (2017) EWHC 1507 (Fam).
• Drawing the Line: case management and allegations of judicial bias in the family courts
  Articles (22/06/2017)
  Jennifer Youngs and Vondez Phipps, pupil barristers at 42 Bedford Row, summarise the circumstances in which judicial conduct at a case management hearing might form the basis of an application for recusal, and provide guidance to practitioners as to the manner in which such an application might be made.
• Surrogacy Law / HFEA Update (June 2017)
  Articles (21/06/2017)
  Andrew Powell, barrister of 4 Paper Buildings, considers recent surrogacy judgments and the latest cases concerning administrative errors relating to consent forms and the HFEA.
• When can a legal representative be summoned as a witness to give evidence against their client in a financial remedies case?
  Articles (15/06/2017)
  Byron James, barrister, Expatriate Law (based in the United Arab Emirates) considers the circumstances in which legal professional privilege may not apply in financial remedies cases.
• Modern Family – an overview of family law in Colombia
  News (14/06/2017)
  Sarah Lucy Cooper, barrister of Thomas More Chambers, and Jairo Rivera Sierra, Abogado Colombiano, provide an introduction to family law in Colombia which has recently aroused attention in the UK media following the recognition of a 'polyamorous family'.
• Finance and Divorce Update, June 2017
  Articles (09/06/2017)
  Claire Molyneux of Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during May 2017.
• FHDRAs: what should and shouldn’t happen
  Articles (09/06/2017)
  Marie Crawford, barrister of Becket Chambers, considers the orders a court might make at first hearing and dispute resolution appointment.
• Parental Disputes, Religious Differences and the Welfare of the Children
  Articles (30/05/2017)
  Alex Verdan QC, Sam King and Ruth Kirby, all of 4 Paper Buildings, consider recent judgments in cases involving parental disputes resulting from one parent deciding to depart life in an Hassidic community.
• Finance and Divorce Update, May 2017
  Articles (12/05/2017)
  Frances Bailey, Principal Associate and Naomi Shelton, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during April 2017
• The New Divorce by Mutual Consent in France: Recognition and Risks of Post-Divorce Litigation in Common-Law Countries: The Examples of England and the United States
  Articles (12/05/2017)
  Delphine Eskenazi, admitted to the Paris and New York bars, LIBRA Avocats, Carmel Brown, Solicitor in England, Irwin Mitchell and Jeremy D. Morley, admitted to the New York bar, Law Firm of Jeremy D. Morley consider the new divorce by Mutual Consent in France and its wider implications for other countries.
• Should I proceed in Dubai or UK for divorce?
  Articles (27/04/2017)
  Byron James barrister, Expatriate Law (United Arab Emirates) considers the interaction between UK family law and divorce proceedings in Dubai.
• Finance and Divorce Update April 2017
  Articles (20/04/2017)
  Sue Brookes, Senior Associate with Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during March 2017.
• Disguised Compliance – Or Undisguised Nonsense?
  Articles (10/04/2017)
  Paul Hart, barrister of 15 Winckley Square, discusses a term (and its appropriateness) which has become ubiquitous in social work statements in recent years.
• Independent Reviewing Officers – myths and misunderstandings continue
  Articles (06/04/2017)
  Professor Jonathan Dickens, University of East Anglia, Norwich, considers some of the strengths and limitations of the IRO service, drawing on recent debates and the findings of a research study conducted between 2012-14.
• Domestic Child Abduction – Legal Responses
  Articles (04/04/2017)
  Edward Devereux QC, Dr Rob George and Edward Bennett of Harcourt Chambers consider the legal options for the left behind parent where his or her child has been taken by the other parent to another part of England and Wales.
• “Behaviour” Petitions on Divorce and Intellectual Dishonesty : have you played a good enough game of charades?
  Articles (31/03/2017)
  Matthew Richardson, barrister, Coram Chambers considers the current state of the law in relation to divorce petitions based on “behaviour” and offers an alternative approach which he argues is more compatible with 21st century life and rights.
• Children’s Cases where Domestic Abuse is an Issue: Proposed Practice Direction 12J analysed
  Articles (31/03/2017)
  Marie Crawford, barrister, Becket Chambers, examines the proposed revisions to Practice Direction 12J.
• Children: Public Law Update (March 2017)
  Articles (28/03/2017)
  John Tughan QC of 4 Paper Buildings focuses on recent decisions relating to claims for damages (and other relief) under the Human Rights Act 1998.
• Maintenance, Needs and Fairness
  Articles (23/03/2017)
  Amy Scollan, Associate, Hunters Solicitors considers the issue of “fairness” in relation to maintenance and variations of maintenance.
• Ilott - Upholding Testamentary Freedom
  Articles (23/03/2017)
  Mark Jones, barrister, Three Dr Johnson’s Buildings, examines the judgment in the first Inheritance Act appeal to be heard by the Supreme Court and its implications for future claims.
• Parental Alienation – learning from other jurisdictions and other disciplines
  Articles (19/03/2017)
  Joanna Abrahams, Head of Family Law, Setfords, considers possible ways to overcome problems of parental alienation.
• Finance and Divorce Update March 2017
  Articles (16/03/2017)
  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 February 2017.
• Civil Partnerships and Marriage: Labels or a state of mind?
  Articles (16/03/2017)
  David Bedingfield, barrister, 4 Paper Buildings, traces the development of the law relating to marriage and civil partnership up to and including the Court of Appeal’s recent judgment in Steinfeld & Keidan.
• Family Law Week’s Budget Briefing: March 2017
  Articles (08/03/2017)
  Suzanne Cobourne of Creaseys Chartered Accountants and tax advisers explains the Budget changes of most relevance to family lawyers.
• Divorce Jurisdiction after Brexit
  Articles (07/03/2017)
  An EU law working group, comprising 15 international family law experts, considers the basis on which couples should be able to engage the jurisdiction of the UK courts in order to divorce, following the UK’s departure from the European Union.
• Reforms to cross-examination by alleged abusers in the Prisons and Courts Bill
  Articles (07/03/2017)
  Mark Roscoe, barrister of The 36 Group, outlines the provisions which the Government proposes to insert into section 31 of the Matrimonial and Family Proceedings Act 1984.
• The Eureka Moment of English Creativity from EU Law: English pension sharing after a foreign financial settlement
  Articles (02/03/2017)
  David Hodson OBE, partner with The International Family Law Group, shares the Eureka moment when English common law creativity and obscure EU legislation enabled the making of an English pension sharing order in respect of an English pension after a financial settlement on divorce abroad but when there was no longer any ongoing connection with England – apart from the pension.
• Behind Closed Doors: Diluting the Guardian’s Independence, Circumventing the Role of the Court
  Articles (01/03/2017)
  Response of the Association of Lawyers for Children to the Cafcass/ADCS joint document: “Agreement about how local authorities and Cafcass can work effectively in a set of care proceedings and pre-court proceedings in the English Family Courts”.
• Children: Private Law Update (February 2017)
  Articles (28/02/2017)
  Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.
• HRA Claims and Concurrent Care Proceedings: Third Party Costs Orders, Statutory Charge Guidance and an Invitation to the Lord Chancellor
  Articles (23/02/2017)
  Ben Mansfield, barrister of The 36 Group, examines the judgment of Mr Justice Keehan in H (A Minor) v Northamptonshire County Council and the Legal Aid Agency [2017] EWHC 282 (Fam).
• Surrogacy Law /HFEA Update (February 2017)
  Articles (22/02/2017)
  Andrew Powell, barrister of 4 Paper Buildings, considers recent surrogacy cases in this jurisdiction, developments in the European Court of Human Rights, calls for law reform and recent judgments concerning administrative errors by fertility clinics.
• How to prevent a Decree being made Absolute
  Articles (21/02/2017)
  Byron James, barrister, Expatriate Law (Dubai) / Fourteen, reviews the law, practice and procedure relating to the prevention of a decree made absolute in divorce proceedings.
• How is the PLO working? What is its impact on court process and outcome?
  Articles (17/02/2017)
  The Outcomes of Care Proceedings for Children Before and After Care Proceedings Reform Study Interim Report.
• Adopting Scottish Children in England
  News (14/02/2017)
  Lorraine Cavanagh, barrister of St Johns Buildings, explains the implications of a recent important judgment of the President concerning the English courts’ recognition of permanence orders of Scottish children.
• Finance and Divorce Update, February 2017
  Articles (10/02/2017)
  Sue Brookes, and Rose-Marie Drury, both Senior Associates with Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during January 2017.
• Domestic Violence and the Impact on Contact Re-examined
  Articles (09/02/2017)
  Cris McCurley, Partner in Ben Hoare Bell LLP and advisory board member of Rights of Women and Women’s Aid, considers recent developments concerning contact where there has been evidence of domestic violence, and the events which have led to them.
• The Electronic Divorce Filing Pilot: An opportunity missed or a new horizon opening up?
  Articles (07/02/2017)
  Stuart Clark, Associate, and David Hodson, Partner, both of The International Family Law Group LLP, describe what is known, and ask some questions, of the MoJ’s latest initiative to facilitate an online divorce system.
• DB v PB: a reminder of potential effect of maintenance agreements
  Articles (03/02/2017)
  Michael Allum, Solicitor with The International Family Law Group LLP, considers the implications of maintenance agreements in financial remedies cases.
• International Children Law Update: February 2017
  Articles (01/02/2017)
  Jacqueline Renton, barrister of 4 Paper Buildings, reviews the latest key decisions in international children law.
• Costs: Reassessing the Starting Point
  Articles (27/01/2017)
  Mark Ablett, pupil barrister, 1 Garden Court Family Law Chambers considers the perennial problem of high levels of costs in financial remedies cases and proposes a new approach to help mitigate the problem.
• The Law Commission Report: Enforcement of Family Financial Orders – Enforcement or Variation?
  Articles (19/01/2017)
  Joseph Rainer, barrister, Queen Elizabeth Building, analyses the implications of the Law Commission’s report Enforcement of Family Financial Orders.
• Finance and Divorce Update, January 2017
  Articles (12/01/2017)
  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 December 2016.
• Child Contact Interventions: An Underused Resource
  Articles (11/01/2017)
  Gabrielle Jan Posner, barrister of Trinity Chambers, Chelmsford, argues for the greater use of child contact interventions in appropriate circumstances.
• Lord Sumption and the Limits of the Law: Is the Human Rights Project Undemocratic and Elitist?
  Articles (04/01/2017)
  David Bedingfield, barrister of 4 Paper Buildings, considers the arguments in a debate of vital importance to family lawyers.