Rising backlogs in the family court system continue to delay justice for families and children. New quarterly statistics published by the Ministry of Justice today (21 December) show a growing crisis in the family justice system, warns the Law Society of England and Wales. Private children law cases – where families apply for arrangements relating to where their children live and who they have contact with – were taking on average 45 weeks during July to September 2023, up almost 1 week from the same period last year. This continues the upward trend seen over the last seven years. Additionall ..read more

A brief summary of the essential family law news and cases from the last week:  NEWS Judge’s ‘extreme concern’ about mother who publicised details of family court case on fundraising page A mother who set up a fundraising page for her family case has lost in her application to travel with her children to Asia after the website made it ‘difficult for the court to trust’ that she will not breach an order as a result of ‘another serious error of judgement’. Full story: Law Society Gazette. Child Maintenance Service statistics: data to September 2023 Quarterly statistics on the Chil ..read more

A brief summary of the essential family law news and cases from the last week:  NEWS Research finds number of babies entering care has increased across Wales, but notes “significant regional variations” The Nuffield Family Justice Observatory has called for “further analysis” of variations between local authorities in relation to the number of babies entering care in Wales. Full story: Local Government Lawyer. The Family Procedure (Amendment No. 2) Rules 2023These Rules amend the Family Procedure Rules 2010. Statutory Instrument. Manchester no longer needs prioritisation protocol in ..read more

A brief summary of the essential family law news and cases from the last week:  NEWS Thousands more people benefit from free legal support More than 33,000 people have been helped to tackle family, debt and housing issues thanks to over £3 million of government investment in legal support. Full story: Ministry of Justice. Council granted leave to make application for change in forename of child, subject to outcome of care order application The High Court has granted leave to a local authority to make an application to change an eight-month old’s registered forename. Full story:  ..read more

A brief summary of the essential family law news and cases from the last week:  NEWS Proposed changes to surrogacy law ‘will not be taken forward at the moment’ Changes to the law which could have seen couples become a surrogate child’s legal parents at birth will not be taken forward “at the moment”, a health minister has said. Full story: Care Appointments. Speech by Sir Andrew McFarlane: Adapting Adoption to the Modern WorldThe Mayflower Lecture 2023 - Adapting Adoption to the Modern World - Thursday 9 November 2023. Full speech: Courts and Tribunals Judiciary. Court of Appeal al ..read more

A brief summary of the essential family law news and cases from the last week:  NEWS Appeal judges rule on relevant date for determining whether court has jurisdiction based on habitual residence of child pursuant to Hague Convention The Court of Appeal has ruled that a judge was wrong to decide that the relevant date for determining habitual residence for the purposes of Article 5 of the 1996 Hague Convention is "the date of the hearing", during proceedings involving a teenage girl who had been living in Tunisia until 2021. Full story: Local Government Lawyer. Women losing out as co ..read more

A brief summary of the essential family law news and cases from the last week:  NEWS Just under half of children returned to live with their families as result of entering Family Drug and Alcohol Court, annual report reveals The President of the Family Division, Sir Andrew McFarlane, has published his second annual report on the Family Drug and Alcohol Courts (FDACs), of which he states he has “long been a supporter”. Full story: Local Government Lawyer. High Court judge backs council decision on vaccination of child, rejects objections of mother The High Court has ruled that a mothe ..read more

A brief summary of the essential family law news and cases from the last week:  NEWS Senior family judge highlights provisions of CPR on disclosure of electronic documents ahead of changes to Family Procedure Rules The President of the Family Division, Sir Andrew McFarlane, has sought to draw the attention of family judges and practitioners to the provisions of the Civil Procedure Rules (CPR) governing the disclosure mobile phone records and other electronic records. Full story: Local Government Lawyer. Family President announces revised national listing protocol for applications tha ..read more

A brief summary of the essential family law news and cases from the last week:  NEWS Judge rules baby's life-support treatment can end Doctors can withdraw life support from a critically ill seven-month-old baby, a High Court judge has ruled. Full story: BBC News. Family President issues revised practice guidance on approach of court to unregistered placements The President of the Family Division, Sir Andrew McFarlane, has published updated guidance on the Court’s approach to unregistered placements for children and young people. Full story: Local Government Lawyer. Family Presiding ..read more

A brief summary of the essential family law news and cases from the last week:  NEWS Public Law Working Group publishes draft recommendations for best practice in adoption The Public Law Working Group has launched a two-month consultation on an interim report containing recommendations for best practice in respect of adoption. Full story: Local Government Lawyer. Judge wrong to block reporting of 'highly contentious' family case A family judge was wrong to make an order preventing the reporting of a case, an appeal judgment has ruled in a significant step for the opening of proceedin ..read more