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Family Law


FROM £49.00

"the principal (monthly) periodical dealing with contemporary issues"

Sir Mark Potter P

Family Law Paperback i

Book printed softcover

Bound Volume 2015 i

Book printed hardback cover

To buy call 0117 9175085
Family Law journal 2014 May Special Issue - Paper Cover i

Book printed softcover

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Family Law – the title of reference and record in the field of family law since 1970 – is the leading practitioner journal compiled by experts for family law professionals. The journal features the latest official guidances, in-depth case analysis and topical articles. Contents also include regular columns from the Family Law Bar Association, Resolution, The Law Society and the Association of Her Majesty's District Judges as well as news and research updates, letters and book reviews.

Family Law journal is available as either a print or online subscription. To arrange your FREE 14-day trial to the online service or to find out how a print or online subscription to Family Law journal will benefit your day-to-day work contact our Account Management Team today.

 A subscription to Family Law journal provides:

  • Personal comment from distinguished family law experts on all topical issues
  • Short case reports and analysis of all important family and child law cases
  • In-depth articles from leading practitioners, academics and professionals involved in the justice system
  • Latest news on all key developments in family law, policy and practice
  • Regular updates from the Association of District Judges, Law Society, FLBA and Resolution
  • Monthly email alerts providing a preview of content coming up in the next issue
  • Practice Directions reproduced in full
  • Other features include book reviews, letters, Resolution news and a diary of events

April 2016

Two thousand babies - Debbie Singleton and Martha Cover

2016 Budget: implications for family lawyers
A cautionary tale of failings in perceived and procedural fairness
Family provision goes to the Supreme Court
Family Law Awards 2016 nominations open
Cafcass court figures
Divorce fee increase

Last Orders
The View from the Bar - Rob George
Opposite-sex civil partnerships and the ambit of Art 8 Dr Claire Fenton-Glynn

Case Reports 

Camberley to Carlisle: where are we now on internal relocation? - Andrew Bainham
Do’s and don’ts of committal applications: W v H (No 2) - Ashley Murray
The lis pendens rules under Brussels IIa: has it created the certainty intended? -harlotte Bradley
Biology matters: Part 2: Disputes between lesbian birth mothers and their partners - Mary Welstead
The problem of litigants in person and vulnerable witnesses: lessons from the
criminal courts? - Tom Wilson
Children case update: private law: Part 1 - Alex Verdan

In Practice
Comparing ‘apples and pears’: the complications caused by pensions on
divorce: WS v WS - Alex Curran
The pensions business Part 1: the case for pension experts: WS v WS - A team
of pension experts
Family Court proceedings: findings of fact – admissibility in the coroner’s court

Dispute Resolution
Making contact happen in chronic litigation cases: a mentalising approach
- Eia Asen and Emma Morris

Update Extra
Strike out or summary dismissal: 1980 Hague proceedings guidance
Disallowed costs and case management: Re L 518 Court of Protection news
Living together apart and parental orders following surrogacy
Pensions on Divorce Seminar 2016
FDAC: value for money

Resolution News
YRes News
Book Reviews
"the principal (monthly) periodical dealing with contemporary issues"
Sir Mark Potter P (September 2008)

“widely read legal periodical amongst the district bench according to recent Bulletin survey"
Law Bulletin, Volume 21 Number 2 (Summer 2010)
Elizabeth Walsh Solicitor and Mediator

Rebecca Bailey-Harris Barrister, 1 Hare Court; Professor Emeritus, University of Bristol
Caroline Bridge Barrister and Solicitor, High Court of New Zealand; Honorary Fellow, University of Manchester;
Gillian Douglas Professor of Law, Cardiff Law School, Cardiff University

The Hon Mr Justice Stephen Cobb

Journals Manager
Matthias Mueller
'From arbitrator's award to consent order'

Gavin Smith

The arbitrator has delivered the award in your financial remedy dispute. How then to obtain a consent order reflecting its terms? Sir James Munby, President of the Family Division, has given important guidance on this topic both in S v S (Financial Remedies: Arbitral Award) [2014] EWHC 7 (Fam), [2014] 1 FLR 1257, in which I was the arbitrator, and in his very recent Arbitration in the Family Court: Practice Guidance, issued on 23 November 2015.

Drafting the order

The parties may instruct the arbitrator to draft the consent order. In my view, it is sensible to do so as the arbitrator is in a unique position to ensure that the draft order truly reflects his or her own award. Time and costs will often be saved in this way. Whoever does the drafting, there are certain recitals that should be included (adapted as may be appropriate) in the draft order. These are set out at Annex B to the Practice Guidance and derive from earlier versions set out at para [24] of the S v S judgement: 
'By their Form ARB1 the parties agreed to refer to arbitration the issues described in it which include some or all of the financial remedies for which applications are pending in this court. The issues were referred to [insert arbitrator] under the IFLA scheme, who made an arbitral award on [insert date]. The parties have invited the court to make an order in agreed terms, whcih reflects the arbitrator's award.'
A variant is prescribed for Children Act 1989, Sch 1 cases.

Read the full article

‘Seen but not heard?’

Mr Justice Cobb
This article is based on a presentation to the Association of Lawyers for Children’s Annual Conference, Bristol,
November 2014.

‘In silence I must take my seat And give God thanks before I eat; …
… I must not speak a useless word For children should be seen, not heard …’

This morally-instructive verse illuminates an austere Victorian attitude to the standing of children in family life. But this dogma was neither the creation nor the preserve of the Victorians; it had been embedded in custom for centuries. A collection of fifteenth century homilies make reference to an old English saying that ‘A mayde schuld be seen, but not herd’; in their turn, John Locke in the seventeenth century, and John Stuart Mill in the nineteenth, each explained and rationalised this accepted notion in their writings. This societal attitude was reflected in an essentially paternalistic and protective jurisdiction of the civil courts responsible for decision-making in relation to children, a jurisdictional principle which continued right up until the end of the twentieth century.

In contemporary society, the increasing autonomy and moral authority of young people is more widely recognised; its influence over and contribution to our lives is
genuinely welcomed. Surely our forebears would not for one second have contemplated that a Nobel award, recognising an extraordinary contribution to global rights of young people, could be made to a 17 year old, as it was in 2014. Remarkable and inspiring though that achievement is, it does not disguise the fact that many young people feel that they are not appreciated, they are not heard, even on matters which affect their daily lives, and which materially and adversely affect their emotional and physical well-being. Consider two recent reports which attracted much national media interest, as examples of this: Anne Coffey’s report 5 Real Voices published at the end of last month contained some extraordinarily distressing stories of child sexual exploitation in Manchester and Rochdale, which for many years went unacknowledged and not addressed; many young people felt that the ‘suits and uniforms’ 6 did not hear what they were saying. Last week the Commons Health Select Committee 7 published its report on children and adolescent mental health, which gave prominence to the range and seriousness of mental health problems affecting young people in England and Wales. Practitioners in the field of family justice(particularly those practising in public law children work) readily recognise the strong connection between mental health problems and social disadvantage, with children and young people in the poorest households three times more likely to have mental health problems than those growing up in better-off homes.8 Mental health conditions, including depression, anxiety and conduct disorder, which are suffered by about one in ten young people in this

Read the full article
The editors welcome the submission of material for consideration for publication.

Material submitted should be original contributions and should not be under consideration for publication in any other journal.

Contributions can only be accepted on the understanding that all copyright clearances have been obtained by the author.

A leaflet ‘Guidance for the Submission of Contributions’ is also available from the publisher or visit the submissions website.
The expert content of the journal can also be accessed via our online platform
and through PracticePlus - the essential integrated resource.

In-house Professional Support Lawyer updates – Continuously updated with developments such as judgment summaries, new legislation and Practice Directions inserted at relevant points in the text

ePDF – Get the ePDF or generate PDF versions of on-screen content to print, download or store offline

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2017 Print Subscription Information
£350.00 + p&p
ISSN 0014-7281 
12 issues per year 
Annual subscription period runs January - December

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