Sir James Munby, the President of the Family Division of the High Court of England and Wales has recently reiterated the importance of families and local authorities adhering to court orders.
After Bristol City Council took too long to respond to orders made by the court in an adoption appeals process, Sir Munby said that non-compliance with official orders would lead to a “consequence”. He said: “The court is entitled to expect – and from now on family courts will demand – strict compliance with all such orders. Non-compliance with orders should be expected to have and will usually have a consequence.” “An order that something is to be done by 4 pm on Friday, is an order to do that thing by 4 pm on Friday, not by 4.21 pm on Friday let alone by 3.01 pm the following Monday or sometime later the following week. A person who finds himself unable to comply timeously with his obligations under an order should apply for an extension of time before the time for compliance has expired. It is simply not acceptable to put forward as an explanation for non-compliance with an order the burden of other work.” More...
One of the biggest family changes in 25 years came into force this week, as Government ministers introduced plans to use students and trainee lawyers to guide couples through the divorce process.
At advice centres across the UK, students are now able to help divorcing couples and offer them legal advice on family and financial matters before their divorce is finalised in court. The new initiative is being introduced in order to cut the legal aid budget.
Is this a good move? Will the new plans help divorcing couples? Does it place added pressure on legal students? We take a look at the positive and negatives of this proposed plan:
Divorcing couples have the opportunity to save costs in the short term.
The Government saves money on legal aid – the average mediation costs £500 in legal aid, compared to £4,000 per person if the proceedings go to court.
For separated parents, the issue of taking children abroad can be a complicated process. While the vast majority of separated couples are able to communicate and amicably agree to their children going abroad on holiday, disputes can happen concerning the issue of ‘temporary removal’.
Whether you’re planning on taking your children abroad or are contesting your ex-partner’s decision, it’s important to know where you stand. What is the legal position of parents who want to take children on holiday abroad? It’s important to note that it’s a criminal offence to take a child abroad without the consent of a parent (or anyone else with parental responsibility). Failing to obtain permission can result in a fine or even imprisonment, however to impose these sanctions can be lengthy and expensive. Both parents, grandparents, schools and family friends have to obtain the appropriate consent before taking children abroad. However, if a parent has a Child Arrangement Order stating that the child must live in their care, then the consent of the other parent is not needed if the child is going abroad for less than 28 days. It’s still worth obtaining consent in this scenario to avoid any future legal problems and to evidence that you are willing to communicate with the other party should the matter be brought before the Court in the future. More...
Family justice reforms, which the Ministry of Justice has termed, 'the largest for a generation' have come into effect as of the 22nd April 2014.
The 22nd April 2014 saw the establishment of Family Court and the introduction of landmark primary and secondary legislation. The new single Family Court has come into force and most of the family justice provisions from the Children and Families Act are implemented. Justice Minister Simon Hughes has said that the reforms "put children clearly at the heart of the family justice system and focus on children's needs rather than what parents see as their own 'rights'." Simon Hughes said it was "a hugely important change" to what had been a "very dysfunctional system". Sir James Munby, President of the Family Division, said the changes were “the biggest in a lifetime.” Simon Hughes went onto say: "In 2011 the independent Family Justice Review, chaired by David Norgrove, found the family justice system was no system at all. The review found that vulnerable and damaged children who were meant to be protected were having their 'futures undermined' by excessive delays, with care and supervision cases taking an average of 56 weeks. This seriously harmed children's chances of finding a permanent home and potentially damaged their development, as well as causing them distress. More...
Howells Solicitors has been named has been named UK Family Law Firm of the Year by
Corporate LiveWire in its 2014 Global Awards.
Presented annually, the awards honour the businesses, finance firms and professionals that stand out as leaders in their respective fields and show best practice and innovation in their work.
In presiding over the awards, the judges assessed how the legal professionals in Howells’ family law department managed complex cases over the last 12 months. These included several multi-million pound financial proceedings involving overseas properties and large company valuations as well as children law matters.
Richard Scott, Partner in Howells’s Family Law department, said:
"We are delighted to be named as UK Family Law Firm of the Year by Corporate LiveWire. “This is the first time a Welsh law firm has been awarded this accolade and it recognises the skills and expertise of our team in comparison with law firms across the UK.” To speak to award-winning solicitors at Howells about any aspect of family law, speak to us today. Simply call 02920 404014 or email firstname.lastname@example.org.
by Tristan Lewis