A new study looks at the experience of solicitors representing adults with learning difficulties in care proceedings. The study relates to UK proceedings (in case there’s any confusion about the author of the article being based in Australia).
Read the article: Parents with learning disabilities: Solicitors critical of assumptions and prejudice in the system
We won’t repeat the article but recommend you read it and we’ll move on to matters relating to litigants-in-person with specific learning difficulties in private family law proceedings. Continue reading Learning Difficulties, Disadvantage and Family Law
On the weekend I was asked what goes through my head (not the first time in the last week) when working on arguments in leave to remove cases. The question “are they very difficult to stop” raises the response “no, but you can’t hope to just walk into court without detailed preparation and get a good result”. You need to have facts pertinent to the individual case to work with and build the arguments around those facts. You need to prepare thoroughly. There are pitfalls too to be avoided and these are discussed further on. Continue reading Leave to Remove Guidance for the non-relocating parent
The primary purpose of The Custody Minefield is to make family law accessible to separating parents in England and Wales. We’ve been doing this since 2006 when our first book The Custody Minefield was published. The Magistrates Magazine recommended it to ‘any separating parent’ and the Divisional Chair of the British Association for Counseling and Psychotherapy described it as a ‘gem of information’. Continue reading Have you tried our guides? 1.5million words of content… free
We launched our new blog on 19th April 2015, incorporating it into our main site. Old articles and announcements can still be viewed on the blogspot site.
As the number of articles increase, we want content to be easily accessible for you, so in addition to:
- The front page of our site highlighting the three most recent articles;
- Our blog page showing you the ten most recent articles;
- Our newsletter highlighting recent articles by email (you can subscribe via any of our new blog pages);
- A dedicated search tool within our blog (found in the right hand column on our main blog page);
…we’ve now added a facility where you can search our blog by Category. You’ll find this option in the right hand column on any of our new blog pages. Give it a try!
Why the hairy owl with the pen? It’s our graphic artist’s attempt at humour. My eyebrows really aren’t that bushy!
In 2013 the Legal Aid, Sentencing and Punishments of Offenders Act (LAPSO), came into force. One area of law affected was private family work, with legal aid being cut with the exception of cases where domestic violence was alleged. There were concerns that this might prompt a rise in false allegations as a means to secure free legal representation. So has there been a stark increase in applications for non-molestation orders?
Last week, we received a copy of data from a Freedom of Information Act request to the Ministry of Justice on Civil Legal Aid and Applications for Non-Molestation Orders and have finally had a chance to ‘crunch’ the numbers.
There’s something odd about the Midlands Continue reading Non-Molestation Orders and Legal Aid – Time for Investigation
It’s sadly too common to see people posting information about their cases online. Why is it sad? It carries an unnecessary risk, can damage their chances in court, and can later cause them considerable problems. There are other reasons but if these don’t hit home, others are probably unlikely to be heeded. Continue reading Social Media: How to wreck your case
If you didn’t catch my interview on the BBC World Service this week on Skype contact, you can hear it on our Youtube Channel (or via the video below). The father interviewed, ‘Peter’, explains the problems extremely well. Was moving the child 400 miles away from this man in the child’s best interests? Hearing him, I struggle to see how it was. Continue reading BBC World Service – Is Virtual Parenting Time a Substitute for Physical Contact
The case was heard in the Chelmsford Family Court. The Guardian supported an order for shared living arrangements and the mother had interfered with the interim contact arrangements leading to the father making a further application for a reversal of residence. Continue reading Added to our case law libraries – W (Children)  EWFC B215
12 questions to test your knowledge on family law, this time on matters related to court applications and arguments where one parent seeks to relocate abroad with the children.
Do You Know Your Leave to Remove – Take the quiz!
Today I’ve learned of another case where matters are being heard by the wrong level of judiciary, with those hearing the case making questionable case management decisions. This article is provided to remind people (or make them aware of) the Allocation and Gatekeeping Guidance that governs which level of court should hear family law cases involving complexity. That guidance is a safety net to ensure cases are heard properly. Continue reading Gatekeeping and Allocation: Repairing Safety Nets before the Final Hearing Falls