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07.05.13 - CSA Update: Recasting the Child Maintenance Landscape »CSA Update: Recasting the Child Maintenance Landscape: from Options to Obligations For those of you with direct experience of the CSA, you will know how difficult an organisation they have been in the past to deal with as a non-resident parent. The hope was with the recent promises of a new Government things would change positively. Karen Woodall, Director of the Centre for Separated Families, has worked closely with this Government agency over the last few years. Her insights into the machinations of the CSA as well as the current Government perspective on future arrangements for child maintenance will be of interest. Recasting the Child Maintenance Landscape: from Options to Obligations (http://karenwoodall.wordpress.com/2013/05/07/recasting-the-child-maintenance-landscape-from-options-to-obligations/) By karenwoodall on 07/05/2013 Tuesday, 14 May 2013 16:57
02.04.13 - Legal Aid changes come into force »Legal Aid changes come into force Bar Council publishes guide for litigants in person On 1 April 2013, the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) came into force. As a consequence fewer people now have access to free legal representation than at any time since legal aid (state funding for legal advice and representation) was introduced. Legal aid will not be available for family cases where couples are divorcing and resolving residence and contact arrangements in respect of their children, unless there is evidence of domestic violence. The Ministry of Justice has published the following guidance and template letters for applicants requiring evidence of domestic abuse to obtain legal aid: Legal aid when a child is at risk of abuse from a partner (http://www.justice.gov.uk/legal-aid-for-private-family-matters/legal-aid-child-at-risk-of-abuse-from-partner) Legal aid for victims of domestic violence (http://www.justice.gov.uk/legal-aid-divorcing-separating-abusive-partner) The Bar Council has produced a Guide, written by barristers, to help litigants in person. The Guide can be downloaded from: http://www.barcouncil.org.uk/media/203109/srl_guide_final_for_online_use.pdf (http://www.barcouncil.org.uk/media/203109/srl_guide_final_for_online_use.pdf) For a related article concerning the likely impact of Legal Services Order applications under sections 22ZA and 22ZB Matrimonial Causes Act 1973, see Funding Family Proceedings: The New Law, written by Rhys Taylor. Source: Family Law Week - 02.04.13 Wednesday, 10 April 2013 16:14
26.02.13 - Children and Families Bill Committee announces evidence programme Oral evidence to be heard from 5th March »26.02.13 - Children and Families Bill Committee announces evidence programme - Oral evidence to be heard from 5th March   The House of Commons Public Bill Committee which is considering the Children and Families Bill (http://www.publications.parliament.uk/pa/bills/cbill/2012-2013/0131/cbill_2012-20130131_en_1.htm) will hear oral evidence on Tuesday 5 March 2013.   The provisional programme of witnesses for the Children and Families Bill Committee has been agreed by its programming sub-committee. The programme can be viewed  via http://www.parliament.uk/business/news/2013/march/children-and-families-bill-committee-announce-evidence-programme/ (http://www.parliament.uk/business/news/2013/march/children-and-families-bill-committee-announce-evidence-programme/) . The Committee will hear oral evidence on Tuesday 5 March and Thursday 7 March and then consider the Bill every Tuesday and Thursday from that point, concluding on Tuesday 23 April. Line by line scrutiny of the BillLine by line scrutiny of the Bill will take place in Committee Room 11, Palace of Westminster on the following dates:•    Tuesday 12 March - 9.25am and 2pm•    Thursday 14 March - 11.30am and 2pm•    Tuesday 19 March - 9.25am and 2pm•    Thursday 21 March - 11.30am and 2pm•    Tuesday 16 April - 9.25am and 2pm•    Thursday 18 April - 11.30am and 2pm•    Tuesday 23 April - 9.25am and 2pmThe Committee must complete consideration of the Bill no later than 5pm on Tuesday 23 April. These sessions will be open to the public on a first come, first served basis. There is no system for the prior reservation of seats in Committee Rooms.  Friday, 15 March 2013 11:26
11.01.13 - Second implementation update for the Family Justice Modernisation Programme published »Second implementation update for the Family Justice Modernisation Programme published Mr Justice Ryder will continue as Head of the Modernisation of Family Justice until Easter 2013The second implementation update (http://www.judiciary.gov.uk/Resources/JCO/Documents/Reports/family_implementation_newsletter2.pdf) for the Family Justice Modernisation Programme has been published. This update, the first since Sir James Munby was appointed President of the Family Division, records progress in respect of:•    The single Family Court •    Children and Families Bill•    Judicial training•    Experts in the family courts•    The Family Courts Guide and •    The new Practice Direction in relation to adults who may become protected parties and children who may become protected parties in family proceedings.Sir James notes that the Lord Chancellor has agreed that Mr Justice Ryder will continue as Head of the Modernisation of Family Justice until Easter 2013 The update can be accessed via http://www.judiciary.gov.uk/Resources/JCO/Documents/Reports/family_implementation_newsletter2.pdf. (http://www.judiciary.gov.uk/Resources/JCO/Documents/Reports/family_implementation_newsletter2.pdf.) Friday, 15 March 2013 11:18
11.01.13 - Cafcass publishes its draft strategic plan »Cafcass publishes its draft strategic plan - Feedback needed by 8 March 2013 Cafcass has published its draft strategic plan for 2013-15 (http://www.cafcass.gov.uk/media/121630/strategic_plan_2013_consultation_version_050213_1_.pdf), which is now open for consultation. The document is an outline strategic plan for the two years starting from April 2013. It includes the Service's role within ongoing family justice reform, including meeting all key performance indicators and steadily improving the quality and timeliness of case analyses prepared for court. The strategy also includes a continuing commitment to "doing more with less", as demand increases and budgets are reduced, as well as a continuing commitment to health and wellbeing of staff. In the plan, Cafcass commits to publishing at least four studies a year into the issues affecting children and how children's cases are handled by it and others. Stakeholders and other interested parties are encouraged to look at the plan, which can be viewed here. Please send any feedback to zzcafcasscommsteam@flex-r.gsi.gov.uk (mailto:zzcafcasscommsteam@flex-r.gsi.gov.uk) by 8th March 2013. Friday, 15 March 2013 11:10
26.02.13 - Updates on Child Maintenance and Cafcass »Updates on Child Maintenance and Cafcass can be found in The Review - Changing family law for changing families (images/thereview.pdf) Important changes to child maintenance   In summary: CSA to become the Child Maintenance Service (CMS) New CMS rules to apply to new cases with >4 children (from Mar13 TBC) Existing CSA cases will remain on original assessment system unless new application made Case closure for all old CSA cases will take around 3 years (ie; by approximately 2016) Change in upper limit of child maintenance payment through to 20th birthday – in line with Child Benefit (https://www.gov.uk/child-benefit-16-19/overview) - Can only continue to get Child Benefit after 16 until 20 if child is in approved education (https://www.gov.uk/child-benefit-16-19/education) such as full time ‘non-advanced’ education- NO CHILD BENEFIT if continue with ‘advanced education’ which covers: a degree; Diploma of Higher Education; NVQ level 4 or above; BTEC Higher National Certificate (HNC); teacher training  Friday, 15 March 2013 10:54
18.02.13 - The Government has published a research paper in relation to the Children and Families Bill »18.02.13 - The Government has published this research paper in relation to the Children and Families Bill which may be of interest. This paper can be accessed/downloaded via http://www.parliament.uk/briefing-papers/RP13-11 This paper has been written for the House of Commons Second Reading debate on the Children and Families Bill [Bill 131] on 25 February 2013. The Bill seeks to reform legislation relating to adoption and children in care; aspects of the family justice system; children and young people with special educational needs; the Office of the Children’s Commissioner for England; statutory rights to leave and pay for parents and adopters; time off work for ante-natal care; and the right to request flexible working. This research paper covers details relating to the following topics: 3 Family Justice 3.1 Family Justice Review and Government Response 3.2 Draft clauses 3.3 Pre-legislative scrutiny: Justice Committee inquiry 3.4 Family Mediation 3.5 Expert Evidence in Family Courts 3.6 Time limits in proceedings for care or supervision orders 3.7 Care plans 3.8 Child Arrangements Orders 3.9 Welfare of the child: Parental Involvement (‘Shared Parenting’) 3.10 Repeal of restrictions on divorce and dissolution etc where there are children 3.11 Repeal of un-commenced provisions of Part 2 of the Family Law Act 1996 3.12 The Bill 3.13 Some initial reaction to the Bill  Thursday, 21 February 2013 13:24
07.01.13 - Family Justice System Young People’s Board calls for swifter action in family courts »Family Justice System Young People’s Board calls for swifter action in family courts - Board express their five key wishes for improving the family justice system The Family Justice System Young People's Board has released its top five wishes for the family justice system for the New Year. The Board, established by Cafcass and now working across the whole of the family justice system, comprises 32 children and young people who either have direct experience of the family justice system or who have an interest in children's rights and the family courts. The Board helps Cafcass and the wider system to shape and design policies and initiatives and make sure they remain focused on children and young people. The Board's top five wishes for the family justice system for 2013 are that:1.    Cases don't drag on and are always focused on the child(ren)'s needs.2.    There is more support when the affected child needs to speak to someone.3.    A way is found for the court to keep children informed about their cases such as when big decisions are going to be made about their lives.4.    Help is available when things get tough and everyone's arguments cause the affected children stress.5.    A way is found for children to tell the people involved in their case about the good and bad bits and know they will listen.Kitty Healy, a representative from the Board, said: "Going through a situation like the family courts is undoubtedly tough for everybody involved, especially young people. However, on our Board we believe that if case times are reduced and young people are given the support they need, we can make it easier for the thousands of children and young people who will go through the family courts in 2013. "The time a case takes is important to everybody on the Board, we've all had experience of the family justice system in one way or another and together we agree that when cases drag on for long time periods, the negative impact on children and family can be devastating."Anthony Douglas CBE, Chief Executive of Cafcass, said: "I agree with the Board on these big issues and I hope that we are able to address them over the next year. We will continue to work to bring case duration times down. Already these have lowered to a national average of 47 weeks for care cases, down from 56 weeks in 2010/11, but there's much more to be done." Source: Family Law Week 07 Jan 13  Friday, 18 January 2013 13:11
07.01.13 - Lord Justice Munby appointed President of the Family Division »Lord Justice Munby appointed President of the Family Division - Appointment takes effect from 11 January 2013 The Right Honourable Lord Justice Munby has been appointed President of the Family Division. The appointment takes effect from 11 January 2013. This appointment follows the retirement of Sir Nicholas Wall on 1 December 2012. The Right Honourable Lord Justice Munby was called to the Bar in 1971, and is a former member of New Square Chambers. He was appointed Queen's Counsel in 1988 and then appointed as a High Court Judge on 23 May 2000, assigned to the Family Division. He was appointed as Chairman of the Law Commission on 1 August 2009. On 12 October 2009 he was appointed a Lord Justice of Appeal, receiving the customary appointment to the Privy Council on 17 November. His term as Chairman of the Law Commission expired in August 2012. The appointment of the President of the Family Division was made by Her Majesty The Queen on the advice of the Prime Minister and the Lord Chancellor following the recommendation of an independent selection panel chaired by Lord Neuberger. The other panel members were: Lord Dyson, Master of the Rolls, Christopher Stephens, Chairman of the Judicial Appointments Commission, and Dame Valerie Strachan, Judicial Appointments Commissioner. Source: Family Law Week 07 Jan 13  Friday, 18 January 2013 13:06
07.01.13 - 42% of marriages end in divorce »42% of marriages end in divorce - proportion of marriages ending in divorces is falling The Office for National Statistics has released annual statistics on divorces (http://www.ons.gov.uk/ons/dcp171778_291750.pdf) that took place in England and Wales in 2011, following court orders. The statistics do not include divorces to couples usually resident in England and Wales which took place abroad. For the purposes of this release, the term divorce includes both decrees absolute and decrees of nullity. Divorce statistics are analysed by sex, age and marital status before marriage, duration of marriage, age at divorce, the number and age of children involved, and the grounds for divorce. The number of divorces in England and Wales in 2011 was 117,558, a decrease of 1.7% since 2010, when there were 119,589 divorces. In 2011, 10.8 people divorced per thousand married population compared with 12.9 in 2001. The number of divorces in 2011 was highest among men and women aged 40 to 44. Based on marriage, divorce and mortality statistics for 2010, it is estimated that the percentage of marriages ending in divorce is 42%, compared with 45% in 2005. Source: Family Law Week 07 Jan 13  Friday, 18 January 2013 13:00
07.01.13 - Best practice guidance published on FDR appointments »Best practice guidance published on FDR appointments -Money and Property Committee of the Family Justice Council seek to improve consistency Money and Property Committee of the Family Justice Council seek to improve consistencyThe Money and Property Committee of the Family Justice Council has produced best practice (http://www.judiciary.gov.uk/JCO%2fDocuments%2fFJC%2fPublications%2ffjc_financial_dispute_resolution.pdf) guidance for financial dispute resolution appointments. The guidance was published last month in order to provide helpful practical advice on a number of issues raised in relation to the preparation, conduct and aftermath of FDRs with the aim of improving consistency and the parties' experience of what the Committee describes as perhaps, the most important stage of financial remedy proceedings. The Committee notes that practitioners' experience of the FDR process varies considerably across the country and that "there has hitherto been a lack of cohesive guidance as to 'best practice' for professionals and judges preparing and conducting FDRs." The guidance can be read here (http://www.judiciary.gov.uk/JCO%2fDocuments%2fFJC%2fPublications%2ffjc_financial_dispute_resolution.pdf). Source: Family Law Week 07 Jan 13   Friday, 18 January 2013 12:57

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