Executive summary An extraordinary decision in August 2023 of the Federal Court of Australia has highlighted for English judges the risks of being sued for damages and the potential inadequacy of the defence of judicial immunity.[1] In the case the judge’s actions were found to be an affront to justice. A
All significant decisions relating to a child’s welfare, including their education, upbringing, accommodation and medical needs, must be taken by those with parental responsibility. The definition of parental responsibility is set out at section 3 (1) Children Act 1989 as “all the rights, duties, powers, responsibilities and authority which by law
The recent decision of Moor J in TY v XA [2024] EWFC 96 (24 April 2024) has received attention as the first reported MFPA 1984 Part III leave/set aside case since the Supreme Court decision in Potanina v Potanin [2024] UKSC 3 (31 January 2024). The judgment contains some helpful clarifications including that applications for leave
In March 2023 Family Court reform and the role of CAFCASS were debated in Parliament. During the debate Parliament was advised that 70% of Family Court cases in England and Wales feature allegations of parental alienation. Perpetrators of domestic abuse often allege parental alienation to diminish their own behaviour or
In his budget on 6 March, the Chancellor pledged funding for non-court dispute resolution (NCDR). The investment for family courts is to amount to £55million to ‘offer online targeted guidance and earlier legal advice, shortened waiting times and supporting families thought non-court dispute resolution’. It is not yet known how
The Spring Budget 2024 was announced on 6 March 2024. Whilst the Budget did not help to fill the public’s wallet as much as hoped, it nevertheless introduced changes about which family law practitioners, and separating families should be aware of*. *With a general election this year, these policies might
Adoption is the legal process by which an individual or a couple become the parents of a child. It has been a legal concept in England and Wales since the implementation of the 1926 Adoption Act although adoption can be traced right back to Roman times when male children were
Following the breakdown of a relationship, children will undoubtedly be affected by their ability to spend less time with each of their parents. A subsequent consequence in the breakdown of the family unit will be the impact on the child or children’s relationship with their wider paternal or maternal family.
Summary When the UK left the EU, and new domestic legislation was needed to replace EU law, the UK government said in relation to divorce jurisdiction of England and Wales that it would follow, be the same as, the EU law. This was for very justifiable reasons of continuity and
This is my second article about the Family Court’s Transparency Pilot Scheme. It reviews the Pilot Scheme. It reviews the Pilot Scheme since its implementation on 30 January 2023. My first article about the Pilot scheme provides a detailed introduction to the relevance of transparency in family courts: https://iflg.uk.com/blog/the-transparency-pilot-a-relaxation-of-rights-to-privacy-in-family-proceedings The
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