Leading Violence Against Women and Girls organisations issue urgent joint letter to Government highlighting the ongoing recruitment and retention crisis in the sector
Family Law
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2w ago
Women’s Aid, alongside 57 sector colleagues, have issued an urgent letter to the Government highlighting the deepening recruitment and retention crisis within the sector, calling for an independent task force to be established to tackle the issue and ensure that adult and child survivors continue receiving life-changing support.   Organisations supporting survivors have faced a funding crisis for over a decade, resulting in a postcode lottery of support for women and children who are being turned away daily at the point of need or crisis. Due to the ongoing challenges presented by th ..read more
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Unaccompanied asylum-seeking children: record numbers arriving once again in Kent
Family Law
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2w ago
The Children’s Commissioner has written a blog called "Unaccompanied asylum-seeking children: record numbers arriving once again in Kent". She says: "My unique responsibility as Children’s Commissioner, enshrined in law, is to protect children and give them a voice – and I have a particular duty of care towards those children who aren’t able to live with their birth families. That includes those arriving on these shores completely alone, having left their families to escape war, or lost them in terrible circumstances. For these children especially, I am fiercely determined to promote and champ ..read more
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Tips on the efficient use of accountancy experts in family financial proceedings
Family Law
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1M ago
Roger Isaacs, Milsted Langdon Accountants In this article, Roger Isaacs, an experienced forensic accountant and mediator, shares tips on the efficient use of accountancy experts in Family Financial Proceedings including: the importance of providing a comprehensive letter of enquiry, detailing information about the business to be considered, its size, and any overseas issues. ensuing that conflict checks are undertaken early to prevent delays. setting a realistic timetable for the proposed expert, considering the time it takes for business owners to gather financial information. This can preve ..read more
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International pension considerations for family lawyers
Family Law
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1M ago
Philip Way, Mills & Reeve Pensions remain a challenging area for practitioners advising clients on divorce.  An international element to a case adds an additional tier of complexity. This article considers the treatment of foreign pensions in proceedings in England & Wales; the treatment of English pensions in the context of an overseas divorce; opportunities for the improvement of the remedies presently available in England & Wales, and international pension vehicles. The article also compares the remedies available in England & Wales with those in three other jurisdictio ..read more
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Children participation in 1980 Hague Proceedings – Where are we now?
Family Law
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1M ago
Mani Singh Basi, Barrister, 4PB Carolina Marín Pedreño, Partner and Head of Children Department, Dawson Cornwell LLP Sacha Lee, Associate Solicitor, Dawson Cornwell LLP   This article considers the updated case law in respect of the participation of children in 1980 Hague Convention proceedings. In particular, the recent authorities of Re D (a Child) (Abduction: Child’s Objections: Representation of Child Party) [2023] EWCA Civ 1047 and C v M (A Child) (Abduction: Representation of Child Party) [2023] EWCA Civ 1449 are considered and the practical points practitioners working in this ..read more
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What do perpetrators of domestic abuse look like: a discussion
Family Law
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1M ago
Kirsty Richards, Director and Head of Family, National Legal Service What do perpetrators of domestic abuse look like? To truly make progress in helping victims of domestic abuse we need to understand that perpetrators can be the person that is otherwise outwardly presenting as completely and utterly charming; they may have positions of authority in their job or the local community; they may have jobs that brings with it a lot of power. To understand who perpetrators can be, will bring hope that the constant victim shaming and victim blaming will end. In most situations of abuse, to get close ..read more
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Should cohabiting couples have the same financial rights and responsibilities as those who are married/in a Civil Partnership?
Family Law
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1M ago
Graeme Fraser, Partner and Head of Family, BBS Law   In this article, I report on the FJC annual debate on 7th December on the above-titled motion. Arguments in support of the motion are primarily based on principle and pragmatism. Cohabitation is the fastest growth of family type in this country, but the law is reliant on esoteric trust principles resulting in unfair outcomes. Marriage is not devalued by cohabitation rights. De facto relationship recognition has been possible in Australia for decades. Arguments opposing the motion question why those who happen to live together shoul ..read more
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Parents with learning disabilities: the concept of ‘substituted parenting’ and its use in the family court context
Family Law
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1M ago
Beth Tarleton, Senior Lecturer, University of Bristol Nadine Tilbury, Policy Officer for the Working Together with Parents Network (wtpn.co.uk)   Over recent years, the term ‘substituted parenting’ became established in the family courts. It seemed to be used by local authorities when the support needed by parents with learning disabilities was extensive and it was felt that this high level of support would be detrimental to the child/ren as they would form inappropriate attachments to the workers.  This small-scale exploratory study found that parents with learning disabilities were ..read more
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Equality roulette: assessing the legality of the Department of Education’s guidance on gender questioning students in schools (Part 1)
Family Law
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1M ago
Dr Bianca Jackson, Family law barrister, Coram Chambers This is Part 1 of a three-part article exploring the possible legal difficulties for schools and colleges that adopt the Department for Education’s recent non-statutory guidance on how to approach gender questioning children. In particular, this article examines whether the recommendations around social transitioning at school are compliant with the provisions of the Equality Act 2010, both in respect of direct and indirect discrimination. Part 2 of the article, which will be published in April 2024, will consider the advice on access to ..read more
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New Family Presiding Judges Appointed
Family Law
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1M ago
The Lady Chief Justice, with the concurrence of the Lord Chancellor, has announced the appointment of two Family Presiding Judges. Mr Justice MacDonald has been appointed for a period of four years, with effect from 7 March 2024, to the South Eastern (London) Circuit where he will succeed Mr Justice Francis.     Mrs Justice Knowles has been appointed for a period of four years, with effect from 7 March 2024, to the Northern Circuit where she will succeed Mr Justice MacDonald ..read more
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