Family Law News 6th April – 19th April 2011

 Family Procedure Rules
06.04.2011: The Family Procedure Rules 2010 came into force on 06/04/2011, along with a range of Practice Directions and Forms. These will particularly impact upon family mediation. Attendance at a Mediation Information and Assessment Evening will be made compulsory for anyone wishing to apply to court for an order relating to their children or their finances during divorce. Resolution has expressed concern that the measures overlook other out-of-court options, such as collaborative law, parenting information programmes and solicitor negotiation. Fears have also been expressed about the availability and quality of mediators to cope with the expected increase in demand upon these services. Source: http://www.familylaw.co.uk/articles/FPR2010-06011-521

Hair Testing
08.04.2011: The Society of Hair Testing (SoHT) annual meeting has discussed criticisms that tests are not robust enough for use in family law cases where the welfare of a child may be in the balance. The Society defended the tests but said that failure to adhere to SoHT standards in some cases had created a false impression of the method as a whole. In particular, it was reiterated that results must be interpreted cautiously, and within the context of a particular case. Source: http://www.familylawweek.co.uk/site.aspx?i=ed82178

Child Maintenance
10.04.2011: The Independent on Sunday reports that the number of parents expected to serve prison sentences for non-payment of maintenance owed to CMEC will exceed 50 for the last financial year, double the figure of three years ago. The majority were fathers, and there are fears that sentences are not only disproportionate, but that they exacerbate the situation by preventing those involved from being able to provide for their children. Source: http://www.familylawweek.co.uk/site.aspx?i=ed82233

Cafcass
15.04.2011: Ofsted has rated Cafcass in Cheshire and Merseyside as ‘good’, commending their “outstanding” progress in processing cases. This is the third such rating Cafcass has achieved recently, along with Tyneside and Derbyshire and Nottinghamshire. Source: http://www.familylawweek.co.uk/site.aspx?i=ed82681

Family Breakdown
18.04.2011: The Centre for Social Justice’s new report, History and Family: Setting the Record Straight. A rebuttal to the British Academy pamphlet “Happy Families” claims that family breakdown has reached record levels. In particular, they highlight that rates of birth outside of marriage have risen dramatically since the 1960s, refuting claims made in some academic and campaigning circles that such figures are not unprecedented historically. Source: http://www.familylawweek.co.uk/site.aspx?i=ed82779

Legal Aid
18.04.2011: The Sunday Telegraph has reported that the annual cost of legal aid in civil family law has reached £645m, with £468m of this figure used in ‘custody disputes’. Source: http://www.familylawweek.co.uk/site.aspx?i=ed82780

Court Cases of Interest
W (Children) EWCA Civ 345 The Court of Appeal has reiterated the importance of Payne v Payne in leave to remove cases. This was in response to the case of W (Children) EWCA Civ 345, where the mother of two children (aged 8 and 12), who had solely cared for the children for the majority of their lives, wished to move to Australia to be with her family. The father did not have regular contact, and had neither applied for this nor parental responsibility. Despite hearing evidence that relocation was in the children’s and mother’s best interests, the judge ruled against relocation. This was on the basis that the children’s relationship with the father, which had developed as a result of interim orders, needed to continue developing. The President heard the appeal, and found that the judge had failed to give sufficient weight to the mother’s welfare when considering the children’s welfare, had failed to take account of professional evidence, ignored the impact of losing touch with the maternal family, and had not considered making an indirect contact order. The appeal was successful. Source: http://www.familylawweek.co.uk/site.aspx?i=ed82744